Where the Crown concedes that the disparity between co-offenders' sentences is such that an objective observer would not regard equal justice as having been done, the appellate court will re-sentence. A sentence imposed to address parity with an extraordinarily lenient co-offender sentence is of limited precedential value as a sentencing benchmark. New evidence of the adverse impact of autism spectrum disorder on the experience of custody may enliven limb 5 of the Verdins principles on appeal where it was not available at the original sentencing.
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