Where a co-offender in the same criminal enterprise is convicted of more serious offences (by reference to maximum penalty) but receives a lesser sentence, the parity/proportionality principle will ordinarily be engaged and may ground a successful sentence appeal. The proportionality principle does not entitle the applicant to an identical sentence to the co-offender, but a substantial reduction may be warranted. The court need not find error by either sentencing judge; the question is whether the applicant has a justifiable sense of grievance.
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