A sentencing judge who asks whether there are factors warranting departure from the standard non-parole period, rather than treating it as a guide or yardstick, commits Muldrock error. For a single instance of anal penetration of a 9-year-old stepdaughter by a 33-year-old offender with no prior sexual offences and no pattern of sustained abuse, a sentence of 12 years (NPP 9 years) under s 66A(2) of the Crimes Act 1900 (NSW) was appropriate, having regard to comparable sentences approved by the NSWCCA.
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