Where a principal offender receives a custodial sentence and recruited co-offenders receive non-custodial sentences, the disparity is justified by the difference in roles without offending the parity principle. A sentencing judge who considers an offender's role as principal when evaluating the weight to be given to co-operation with authorities does not thereby commit the error identified in R v Hall of treating aggravating factors as cancelling mitigating factors. Where co-offenders' sentences are regarded as inadequate, the sentencing judge is not bound to follow them but must have regard to them and give that factor such weight as is appropriate.
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