A two-stage approach to sentencing for standard non-parole period offences constitutes a process error following Muldrock, but does not amount to material error unless the standard non-parole period was also accorded determinative significance. For s 33(1)(b) offences, the wide gap between the 25-year maximum penalty and the 7-year standard non-parole period means that undue focus on the standard non-parole period may operate in an unduly favourable fashion to an offender.
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