A s 6AAA declaration made in respect of a co-offender is not a relevant consideration in fixing the sentence of another co-accused; taking it into account is an error of principle sufficient to vitiate the sentence. However, where the sentence is otherwise within range, the error may not result in a different sentence being imposed. An 18-month differential between a co-offender who pleaded guilty late and one who stood trial may be adequate where the plea was found not to reflect true remorse.
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