Where a sentencing judge's reference to offending on bail as an aggravating factor creates a potential overlap with a separate bail offence charge, the double counting may be so confined (de minimis) that it does not warrant appellate intervention under s 280(1)(b) of the Criminal Procedure Act 2009 (Vic). The parity principle permits identical sentences on a joint charge where co-offenders had different roles but different subjective mitigating circumstances offset the role differences.
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