A sentencing judge's acceptance that a co-offender's extensive criminal history is the product of drug addiction arising from a troubled background and psychological profile, rather than wilful disobedience of the law, can rationally explain a modest disparity between co-offenders' sentences. The less culpable co-offender is not entitled to a 'pass through' benefit from the moderation of the more culpable co-offender's sentence; the moderation explains the shrinking of the gap, not a justification for retaining a larger one.
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