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Rosales (a Pseudonym) v The Queen [2018] VSCA 130

appeal against sentence — attempting to possess commercial quantity of border controlled drug offence contrary to ss 11.1 and 307.5 of Commonwealth Criminal Code — original sentence imposed 7 years’ imprisonment with 4 year non-parole period — parity— all things being equal like offenders should be treated alike — relevant differences between culpability and personal circumstances must be appropriately accommodated — error where manifest disparity between co-offenders’ sentences taking into account differences between involvement of offenders and personal circumstances so as to give rise to justifiable sense of grievance — in this case offender’s role greater — offender provided medium level assistance to authorities — little or nothing else distinguishing offender and co-offender — offender’s assistance to authorities justifies the imposition of same sentence as co-offender whose offending was of a lower order — co-operation — ss 16A(2)(h) and 16AC — extent of any sentencing discount given to informer will vary from case to case — no standard discount so assessment of appropriate discount cannot be approached in mechanical or mathematical way — genuine co-operation of person furnishing assistance is important — appeal against sentence refused
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