The parity principle is displaced where the disparity between sentences of adult and juvenile co-offenders arises solely or primarily from the application of different sentencing regimes. A psychiatric condition such as Major Depressive Disorder, if it contributes to criminal conduct, may be a mitigating factor diminishing moral culpability. For animal cruelty offences involving deliberate, sustained attacks on animals used in public education, wholly suspended sentences with probation may be appropriate for youthful first offenders with positive rehabilitation prospects, even where the offending would otherwise warrant actual imprisonment.
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