A sentencing judge who takes the standard non-parole period as a starting point and adjusts it by reference to other considerations commits Muldrock error. On re-sentencing under s 6(3) of the Criminal Appeal Act 1912, the Court of Criminal Appeal exercises its discretion independently, and delay in seeking leave to appeal caused by changes in the law (from R v Way to Muldrock to Kentwell) will be excused where the applicant's legal advisers acted reasonably.
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