Where co-offenders receive identical sentences for the same offence but one co-offender's sentence is made partially concurrent with a prior sentence for unrelated offences under the totality principle, the resulting discrepancy in effective time served does not without more give rise to a justifiable sense of grievance under the parity principle. The application of the totality principle to one co-offender but not the other constitutes a good and adequate reason for the discrepancy. A court will also decline to reduce a sentence on parity grounds where the reduction would render the sentence inadequate for the offence.
The full text is available to signed-in members, including the 25 later cases that cite this judgment.
11 of the 25 citing cases carry a classified treatment. How each court treated it is available to signed-in members.