The parity principle operates only as a constraint downward — it may require a sentence to be reduced by reference to co-offenders' sentences, but it does not compel a heavier sentence than would otherwise be appropriate. The totality principle requires consideration of other sentences served during remand, even where those sentences relate to separate criminality, because the effect is as if those periods have been directed to be served cumulatively upon the total effective sentence. The scope of s 277(3) of the Criminal Procedure Act 2009 (Vic) — whether setting aside a conviction and sentence on one charge reopens the sentencing discretion on all aspects of the total sentence — remains an open question.
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