Disparity between co-offenders' sentences does not arise simply because special circumstances were found for one co-offender but not another, provided the different findings are justified by differences in criminality or personal circumstances. As the head sentence increases, the statutory ratio is more likely to produce a sufficient parole period, making a finding of special circumstances less likely. The sentencing judge's assessment of the relative roles of co-offenders in a joint criminal enterprise is entitled to significant weight on appeal.
The full text is available to signed-in members, including the 15 later cases that cite this judgment.
7 of the 15 citing cases carry a classified treatment. How each court treated it is available to signed-in members.