The case confirms that where co-offenders play different roles in a joint criminal enterprise, equal sentences may be imposed where the sentencing judge finds equal culpability, and a co-offender who did not personally commit violence but facilitated the offence will not have a justifiable sense of grievance. The proviso under s 6(3) of the Criminal Appeal Act 1912 (NSW) may be applied where a sentencing error is identified but the sentence is nonetheless appropriate.
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