The Court of Appeal refused a renewed application for leave to appeal against sentence, holding that even if the sentencing judge erred by treating the applicant's bail status as an aggravating factor while also imposing a cumulative sentence for the offence of committing an indictable offence on bail, the overlap was de minimis and there was no reasonable prospect the total effective sentence would be reduced under s 180(1)(b) of the Criminal Procedure Act 2009. On parity, the Court held it was open to the sentencing judge to treat the applicant and co-offender as equally culpable on the firearm discharge charge, and that differences in personal circumstances (age, criminal history, intellectual disability, PTSD) justified any sentencing disparity.
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