In Western Australia, where non-parole periods are fixed by statute rather than by judicial discretion, the non-parole period is not to be taken into account in applying the parity principle when comparing sentences of co-offenders. The High Court's statements in Postiglione v The Queen regarding the relevance of non-parole periods to parity do not apply in Western Australia. When co-offenders are sentenced under different sentencing regimes due to transitional provisions, the head sentences must be adjusted to reflect the transitional formula (two-thirds under the Sentencing Legislation Amendment and Repeal Act 2003 (WA)) before applying the parity principle.
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