A sentencing judge who treats multiple drug supply counts 'globally' by imposing identical concurrent sentences without fixing an appropriate sentence for each count commits Pearce error. The parity principle does not require sentences in one state to reflect sentences imposed in another state for different offences under different legislation. Judicial Commission sentencing statistics are useful as a check but should not govern the sentencing process, and the upper limit of the statistical range is not the effective maximum — the statutory maximum is.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.
3 of the 10 citing cases carry a classified treatment. How each court treated it is available to signed-in members.