When assessing whether a pre-Muldrock sentencing judgment was affected by the erroneous R v Way approach to standard non-parole periods, the sentencing remarks must be read as a whole. Relevant indicators of Muldrock error include: the sentencing judge's use of language from Way, the arithmetic relationship between the non-parole period and the standard non-parole period (particularly where the non-parole period is explicable as a percentage discount from the SNPP), and the sentencing judge's approach to sentencing co-offenders for the same offences. The apparent conflict between the Butler/Williams line (not lightly concluding error from mere use of Way language) and the Davis/Aytugrul line (presuming judges sentenced in accordance with Way) was not resolved.
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