Sentencing an accessory more severely than a principal offender does not necessarily create a justifiable sense of grievance. Whether it does will depend on the circumstances of the particular case.
Mason P, Heydon JA, Smart AJ, Neil J
An accessory who is the author and instigator of offences may properly receive a more severe sentence than the principal offender without offending the parity principle. The role of the offender as instigator, and the degree to which the principal was overbore, are relevant circumstances in determining whether a disparity in sentence creates a justifiable sense of grievance.
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Cases considered by R v Houvardas
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Judicial Consideration (Chronological)