The parity principle, formulated as whether the appellant has a 'justifiable sense of grievance', does not require departure from conventional appellate review; the question is whether the sentencing differentiation was reasonably open to the sentencing judge. Rehabilitation prospects can be a legitimate basis for significant differentiation between co-offenders. A sentencing judge may refer to a subsequent charge for the limited purpose of explaining a period of custody without impermissibly having regard to it as a sentencing factor. Pre-sentence detention under s 18 of the Sentencing Act 1991 (Vic) cannot be declared where custody was referable to an unrelated charge.
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