A sentencing judge who forms a view about an offender's role based on evidence from a co-offender's subsequent trial must give the offender notice and an opportunity to respond before relying on that evidence to assess objective criminality. The parity principle requires that mitigating factors differentiating a co-offender who pleads guilty from those convicted after trial must be properly reflected in the sentencing disparity. Fast-track pleas of guilty to federal offences ordinarily attract a reduction of between 20% and 35%, with a material distinction between pleas at the first opportunity and pleas after facts are agreed.
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