In Queensland, the parity principle does not extend beyond co-offenders to individual offenders participating in a common criminal enterprise, following R v Leathers and declining to follow the Victorian approach in R v Farrugia. Where one co-offender is subject to a mandatory minimum serving requirement and another is not, that circumstance is disregarded in the parity assessment. On resentencing following a successful sentence appeal, the Court must apply the law as it stood at the time of original sentencing, including any since-repealed mandatory serving provisions, pursuant to s 668E(3) of the Criminal Code 1899 (Qld).
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