Parity in sentencing

• Published date: 22 September 2021
• Subject Matter: Criminal Law, Crime
• Law Firm: Lamont Law

Parity in sentencing is the principle that co-offenders should, all things equal, receive the same penalty.

However due to the nature of sentencing and the process of 'instinctive synthesis' whereby sentencers make a decision regarding all of the considerations that are relevant to sentencing, co-offenders will seldom receive alike sentences.

This is due to a large number of factors being taken into account in the sentencing process that may warrant a sentence which departs from that of the co-offender.

This makes the application of the parity principle unpredictable.

The Parity Principle

The principle of parity demands that there be no disparity between the sentences of co-offenders so as to give rise to a justifiable sense of grievance.

It demands "the treatment of like cases alike, and different cases differently": Green v The Queen (2011) 244 CLR 462, at [28].

To avoid an unjustifiable sense of grievance between the sentences imposed upon co-offenders party to the same criminal conduct or criminal enterprises, it is imperative for judicial officers to undertake a rigid assessment of all that is "required or permitted to be taken into account by the court under s 21A(1)": Green at [19].

How is the Party Principle applied ?

Should the persons be involved in the same criminal conduct or criminal enterprise, however, and are charged with the same offence, it is imperative to note that the parity principle is not confined in this respect and may still apply.

However, there do exist limitations to the...