Where a co-offender with more serious charges, relevant prior convictions, greater culpability findings, and less favourable personal circumstances receives only a marginally higher sentence, an arguable case of unjustifiable disparity may be established for the purpose of obtaining leave to appeal. The grant of leave on the Nguyen disparity ground was sufficient to also permit the applicant to ventilate the Findlay disparity argument on appeal, notwithstanding the obvious difficulties with that contention.
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