Where a co-offender is dealt with in the Children's Court under the Children (Criminal Proceedings) Act 1987 (NSW), the parity principle is of very limited relevance to the sentencing of an adult co-offender, because the different sentencing regimes permit differential treatment. A sentencing judge assessing objective gravity may have regard to the nature and extent of the use of a weapon (an element of a s 97(1) offence) without impermissibly double-counting it as an aggravating factor under s 21A(2)(c), provided the judge is evaluating the degree to which the element is established rather than treating it as additional aggravation.
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