A sentence that is not manifestly excessive may nonetheless be set aside on parity grounds where the disparity with a co-offender's sentence cannot be rationally explained by the differences in culpability and circumstances. A sentencing judge who understates a co-offender's role when comparing it to the offender's role may produce an unjustifiable disparity. A disparity of 3.85 times was held unjustifiable where the applicant's role, though higher in the hierarchy, was fairly limited and the co-offender's mitigating circumstances were broadly similar.
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