Sentencing statistics showing that the vast majority of offenders for a particular offence receive non-custodial sentences do not establish manifest excess where the offender's circumstances are materially different from the statistical cohort, particularly where the offence is committed in the context of broader serious offending. The parity principle is ameliorated where co-offenders face different charges, and an offence prosecuted as an indictable offence for one co-offender but placed on a s 16BA schedule for another is removed from consideration under the parity principle.
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