The parity principle does not apply where a co-offender has been granted immunity and was never sentenced for the jointly committed offences. A sentencing judge's failure to expressly state where offences sit on the spectrum of objective seriousness does not constitute error where the sentencing remarks implicitly assess objective seriousness by reference to the relevant circumstances. Failure to comply with s 37 of the Crimes (Sentencing) Act 2005 (ACT) by not specifying the guilty plea discount does not invalidate the sentence. Penfold J questioned whether the 'no reasonable sentencing judge' formulation from R v Abbott is the correct test for manifest excess, preferring the High Court's 'outside the range of available sentences' formulation.
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