Where a co-offender's sentence is quashed and a resentence is imposed on different factual findings (including findings more favourable to the co-offender), the resulting disparity does not give rise to a justifiable sense of grievance if the co-offender's resentence is arguably inadequate and intervention would produce a sentence disproportionate to the applicant's criminality. The court must act on the findings made in the applicant's own sentencing proceedings.
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