1An informal approach by defence counsel to the prosecution to explore whether it would entertain an offer to plead guilty — a mere 'overture' or 'sounding out' — does not constitute a formal offer to plead guilty and has minimal, if any, mitigatory relevance at sentencing, following Western Australia v Auckram (2013) 229 A Crim R 397.
2Where a co-offender's evidence at trial casts both the applicant and the co-offender in a worse light than the factual basis on which the co-offender was sentenced, and the co-offender's sentence was also reduced for plea significance, cooperation, and totality, a marked disparity between the sentences does not give rise to a justifiable sense of grievance under the parity principle.
3A considered forensic decision by trial counsel not to place before the sentencing judge material (such as an induced interview that minimised the offender's role) does not amount to misleading the court as to the true state of affairs, particularly where the adversarial nature of sentencing proceedings permits counsel to exercise judgment over what matters are advanced.
