Where co-offenders receive identical aggregate sentences despite one having a more favourable subjective case, the disparity may be reasonably explained by the less favourably-placed offender having fewer additional offences on a Form 1. The correct approach to assessing parity in aggregate sentencing is to compare the actual aggregate sentences, not the indicative sentences, although indicative sentences may be used as a guide to the sentencing judge's approach.
The full text is available to signed-in members, including the 1 later case that cites this judgment.