A finding that a murder offence falls within the midrange of objective seriousness does not require the sentencing judge to impose the standard non-parole period or to articulate specific reasons for departing from it. Requiring such an approach would constitute Muldrock error by giving the standard non-parole period determinative significance. The presence of circumstances capable of constituting special circumstances under s 44(2) does not compel a finding of special circumstances, and a first custodial sentence is not of itself a basis for such a finding.
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