A s 6AAA declaration made in respect of a co-accused is not a relevant consideration for fixing the sentence of another co-accused, and reliance on such a declaration would constitute an error of principle sufficient to vitiate the sentence. Where co-offenders in a genuine joint criminal enterprise are equally culpable and the only distinctions relate to mitigating factors such as guilty pleas and cooperation, a wide discrepancy in sentences may constitute unreasonable differentiation warranting appellate intervention.
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