Persons originally charged together with conspiracy who ultimately plead guilty to separate charges not alleging conspiracy are not co-offenders for the purpose of the parity principle. Post-sentence evidence of changed custodial conditions resulting from executive decisions (such as reclassification of inmates) is inadmissible on appeal to demonstrate sentencing error, as it does not fall within the R v Smith principle which permits evidence only of conditions existing at the time of sentence. An extension of time of over nine years to apply for leave to appeal against sentence may be granted where there is an adequate explanation for the delay and the grounds are not unarguable.
The full text is available to signed-in members, including the 27 later cases that cite this judgment.
19 of the 27 citing cases carry a classified treatment. How each court treated it is available to signed-in members.