Where co-offenders are sentenced on different agreed facts by the same judge, the parity principle remains applicable but its utility is limited by the different factual foundations. The role of an offender as instigator and planner may justify a finding of objective seriousness only slightly below that of co-offenders sentenced on more serious agreed facts, where the more serious elements in the co-offenders' facts are attributable to the instigator's conduct. A 'claim of right' has at best marginal relevance to offences against the person such as assault and kidnapping.
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