The Court held (majority granting leave, Fagan J dissenting on leave) that following Muldrock v The Queen and s 54B(6) of the Crimes (Sentencing Procedure) Act 1999 (NSW), there is no requirement for a sentencing judge to place the objective seriousness of an SNPP offence on a putative scale, but it is neither an error to do so nor an error to fail to do so. The Court further held that even if the sentencing judge's classification of the supply of a large commercial quantity of methylamphetamine as 'at the mid-range' was inapt, the classification was immaterial to the sentencing outcome where the judge had already determined that the standard non-parole period was excessive and imposed an indicative non-parole period of 2 years against a standard of 15 years. The question of whether the mid-range classification was reasonably open was left unresolved by Fagan J, who would have refused leave on the basis of immateriality alone.
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