A sentencing judge may receive and consider material beyond an agreed statement of facts as background or contextual evidence, provided it is relevant to the surrounding circumstances of the offences and no adverse aggravating finding is made on its basis. The parity principle from Lowe v R applies to co-offenders in the same enterprise even where the offences are different, but sufficient differences in role, circumstances, period of offending and nature of offences may negate a justifiable sense of grievance. The practice of tendering volumes of primary material alongside agreed facts at sentencing is deprecated as inconvenient and potentially subversive of the sentencing process.
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