The parity principle permits substantial differences in sentences between co-offenders where their roles in a drug importation enterprise differ materially, even where subjective circumstances are similar. A difference of approximately 3.5 years in indicative head sentences was not such as to give rise to a justifiable sense of grievance where the applicant managed finances, directed co-offenders, and maintained overseas contacts while co-offenders performed manual tasks. The NSWCCA has conflicting lines of authority on whether the standard of review for sentencing factual findings is limited to whether the conclusion was 'reasonably open on the evidence' (O'Donoghue line) or is broader (Clarke/Hordern line); this conflict remains unresolved.
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