On a Crown appeal where the sentence is manifestly inadequate, a co-offender's lenient sentence must be taken into account to minimise disparity but cannot constrain the re-sentence to one that remains wholly inappropriate or disproportionate. For foreign offenders who come to Australia solely to commit serious crime, isolation from family in custody should receive minimal or no weight as a mitigating factor, and deportation anxiety is not mitigatory where deportation is a certainty and not a hardship. The Court doubted the correctness of Lau and Tsang on the residual relevance of isolation for such offenders.
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