Where a sentencing judge finds co-offenders have approximately equal criminal culpability but one has significant psychological deficits causative of offending and was exploited by the other, a disparity in sentencing disposition (immediate imprisonment versus suspended sentence) does not necessarily give rise to an objectively justifiable sense of grievance under the parity principle. Time in custody pending appeal, even where a substantial portion of the non-parole period may be served, does not by itself or in combination with a moderately arguable appeal ground constitute exceptional circumstances for bail pending appeal.
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