Where a co-offender has received a lenient sentence that is not itself appealed, the parity principle constrains but does not prevent the imposition of a significantly higher sentence on a Crown appeal against the other co-offender's sentence. The court may impose a sentence that reduces but does not wholly eliminate the disparity. A sentence imposed on a Crown appeal, being tempered by double jeopardy and parity, should not be used as a sentencing precedent. Section 89(4) of the Sentencing Act 1991 (Vic) mandates cancellation of a driver licence upon conviction for theft of a motor vehicle, and failure to make such an order constitutes an error of law.
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