A subsequent appellate variation of a co-offender's sentence (here, granting earlier parole eligibility) does not give rise to a justifiable sense of grievance where the basis for the variation — the extent of the co-offender's cooperation with police — was materially different from the applicant's circumstances. The proper enquiry on parity is whether the differentiation made by the sentencing judge was open in the exercise of discretion, and where a subsequent sentence is relied upon, whether it is objectively capable of giving rise to a justifiable sense of grievance.
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