On a parity appeal, an applicant cannot impugn the factual findings made in a co-offender's sentencing judgment; the parity ground necessarily accepts the correctness of the co-offender's sentence including the findings on which it is based. Where different judges sentence different co-offenders, differences in the evidence before them may lead to different findings, and such differences do not establish unjustifiable disparity. The parity principle applies even where co-offenders are charged with different offences arising from the same criminal enterprise, but the analysis focuses on substance (degree of criminality) rather than form (the charges).
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