When sentencing a youth offender who has an adult co-offender, the adult's sentence may be used only as a parity check (a high-water mark to verify the youth sentence is not too high), not as a 'starting point' from which to adjust. The youth and adult sentencing regimes are fundamentally different, and the youth offender must be sentenced by reference to the principles in s 150 of the Youth Justice Act 1992 (Qld). Where an appellate court finds sentencing error but independently determines the same sentence is appropriate, the appeal must be dismissed under s 668E(3) Criminal Code (Qld) as interpreted in Kentwell.
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