When sentencing for historic offences where the sentencing regime has fundamentally changed (e.g., from mandatory life imprisonment to discretionary sentencing), the principle of equal justice from Stalio requires moderation of sentence but does not require the sentencing judge to reconstruct what executive action might have been taken under the former regime. Executive commutation practices are not an appropriate comparator for sentencing purposes. The Court left open whether an offender who concealed their crime for decades is entitled to the full benefit of earlier sentencing practices under the equal justice principle.
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