Bugmy principles regarding reduced moral culpability must be applied by a sentencing judge whenever there is uncontested evidence that the factual basis for raising them is present, even where the point was not specifically argued by defence counsel. A sentencing judge's failure to address moral culpability in the context of a deprived background constitutes appealable error. When sentencing for an offence carrying a standard non-parole period, reference to R v Way rather than Muldrock v The Queen in sentencing remarks may establish error even where it is unlikely the sentencing judge intended to follow the two-stage approach. While the precise degree of accumulation in an aggregate sentence cannot be ascertained from indicative sentences, it is permissible to have regard to indicative sentences when assessing whether error is disclosed.
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