A sentencing judge may take into account previous sentences imposed on co-offenders in assessing sentencing practice and may explain why the sentence to be imposed is more severe than others by reference to differences in conduct and circumstances, but may not rely upon a co-offender's sentence to justify imposing a more severe sentence than would otherwise have been imposed. Crown submissions that an offender should receive a higher sentence than co-offenders, without proposing a numerical range or submitting that a sentence below a certain level would be manifestly inadequate, do not amount to impermissible Barbaro submissions.
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