Where co-offenders in a joint criminal enterprise have materially different levels of culpability — particularly where one is the principal aggressor wielding the fatal weapon, is on conditional liberty, and has a criminal record, while the other is a youthful secondary participant with good prospects of rehabilitation — a difference of less than 10% in notional starting points is manifestly inadequate. The appropriate methodology is to compare notional starting points (before discount for plea) rather than final sentences.
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