Findings made in a Crown inadequacy appeal concerning co-offenders' sentences are not binding on the Court when determining a separate parity appeal by a co-offender who was not a party to the inadequacy appeal, and to adopt such findings would offend procedural fairness. The Crown's inconsistent characterisation of an offender's role across related proceedings, while not giving rise to estoppel, may attract criticism where the inconsistency appears dictated by convenience rather than differences in evidence.
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