When exercising the discretion under s 18(1A) of the Children (Criminal Proceedings) Act 1987 whether to sentence a juvenile at law or under Division 4 Part 3, the fact that a co-offender must be sentenced at law for a 'serious children's indictable offence' is not a relevant consideration, particularly where the offenders were convicted of different offences of different degrees of seriousness. The parity principle cannot be used to increase an otherwise appropriate sentence or to disadvantage an offender; it operates only to mitigate.
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