When applying the parity principle where co-offenders are sentenced by different judges on different factual bases, the comparison must be made on the facts found by the respective sentencing judges. However, the overall objective culpability of each offender — including additional offences committed by a co-offender and whether they were on existing orders — remains relevant to assessing whether the degree of disparity is justified. A sentence more than twice as long as that of a co-offender with materially higher overall culpability may infringe the parity principle even where the co-offender had greater mitigating factors.
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