A sentencing judge commits House v The King error by finding an offender was the independent source of drugs in a supply syndicate when no evidence supports that finding and it was not argued by the Crown. Where such a factual error taints the assessment of objective seriousness, the sentence will be set aside. The parity principle applies even where co-offenders are charged with different offences, though with the caution counselled in Green v The Queen. However, the parity principle is not breached merely because different non-parole period ratios reflect different findings as to special circumstances.
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