The parity principle requires comparison of the effective sentences of co-offenders, and a disparity may be unjustified even where the offences charged differ, particularly where one offender pleaded guilty and the other did not, and where the guilty-pleading offender gave evidence for the prosecution. A total discount of 30 per cent may be appropriate where it encompasses the utilitarian value of a guilty plea, contrition, and actual assistance to authorities in the prosecution of a co-offender. The Pearce principle is not breached where a sentencing judge increases the sentence on one count to reflect form 1 matters taken into account under s 33 of the Crimes (Sentencing Procedure) Act 1999 (NSW), provided the judge does not inflate the sentence on that count to reflect the criminality of other counts on the indictment.
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