Where one co-offender is subject to a mandatory serious violent offence declaration under Part 9A of the Penalties and Sentences Act 1992 (Qld) and another is not, the 80 per cent requirement applicable to the first co-offender must be ignored in considering parity, and an otherwise just sentence for the second co-offender should not be increased to achieve perceived parity or comity. Sentencing judges must make allowance for non-declarable pre-sentence custody even where defence counsel fails to draw attention to the relevant authorities.
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