In a Crown appeal against sentence, the Crown cannot rely on the parity principle to argue that a sentence should be increased to achieve parity with co-offender sentences. However, disparity with a co-offender's sentence may be used as an indicator of the marked inadequacy of the sentence imposed on the respondent. Where co-offenders are sentenced by different judges, a sentencing judge is not bound by the factual findings of the other judge, and different factual findings can justify sentencing disparity.
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