Section 311(4) of the Criminal Code 2002 (ACT) makes irrelevant any divergence between the purpose for which an occupant permits entry and the entrant's actual purpose for entering, so that the question for burglary offences is simply whether the entry was the subject of an invitation by an occupant. A joint occupant who pays rent and has a right to occupy parts of the premises has authority to issue an invitation to enter that negates trespass. On sentencing, where co-offenders are charged with different offences arising from the same criminal enterprise due to prosecutorial discretion, the parity principle requires consideration of relative culpability as asserted by the Crown or found by the sentencing judge, and courts must not allow the application of the parity principle to be dictated by the manner in which prosecutorial discretion is exercised.
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