Where co-offenders have equal culpability and similar subjective circumstances, sentencing judges must explain the basis for adopting different sentence structures (Pearce approach vs Mill approach) and, where the Mill approach is adopted, the extent of the reduction applied. Failure to do so constitutes appealable error. However, a co-offender's erroneously lenient effective sentence does not give rise to a justifiable sense of grievance where reducing the appellant's sentence to match would produce an erroneously lenient result.
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