Where sentencing disparity between co-offenders arises primarily because the co-offender's sentence was too low, the court is not required to reduce the higher sentence to match the co-offender's sentence; rather, the disparity is a factor in a broader discretionary exercise warranting only a limited adjustment. The transitional provisions in cl 2.1 of Schedule 1 to the Sentencing Legislation Amendment and Repeal Act 2003 (WA) apply to resentencing by the Court of Criminal Appeal following a successful appeal against a sentence imposed under the former legislation.
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