Dissimilarity in the charging of co-offenders necessarily gives rise to different sentencing considerations that may preclude a parity complaint, including different considerations as to accumulation and totality. Where a sentencing judge has already taken an offender's medical condition into account in fixing the head sentence (by declining to impose a higher sentence), a finding of special circumstances on the same basis would involve impermissible double counting. A sentencing judge is entitled to find no real prospects of rehabilitation for a repeat offender who has previously been shown leniency and committed serious offences while on parole, notwithstanding evidence of remorse and rehabilitation efforts in custody.
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