Where a co-offender's sentence in the Children's Court was constrained by the jurisdictional limit under s 21(2)(a) of the Children's Court of Western Australia Act 1988 (WA), that sentence does not reflect an unconstrained exercise of the sentencing discretion and is not properly capable of comparison for the purposes of the parity principle. The maximum s 9AA discount should be applied where the prosecution case is circumstantial and does not conclusively establish the offender's identity. The question whether the parity principle has any application at all where a co-offender's sentence is constrained by a jurisdictional limit was left open.
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