Apps v The Queen

Apps appealed against a sentence imposed by the District Court for aggravated robbery. The central issue on appeal concerned the application of the parity principle, particularly in circumstances where co-offenders have been sentenced on differing factual bases.

The Court of Appeal was required to determine whether the sentence imposed on Apps was manifestly excessive, having regard to the sentences imposed on his co-offenders. Specifically, the Court had to consider whether the disparity in sentences was justified, notwithstanding that the factual circumstances underpinning the sentences of the co-offenders differed from those applicable to Apps.

The Court affirmed that the parity principle requires that like cases be treated alike, but it does not mandate identical sentences for co-offenders. The principle is a guide to ensure that disparities in sentencing are not arbitrary or unjust. In this instance, the Court found that the differences in the factual circumstances relevant to each offender, including their respective roles in the commission of the offence and their prior records, provided a sufficient justification for the disparity in sentences. The sentencing judge had properly taken these differences into account, and the sentence imposed on Apps was not demonstrably excessive.

The appeal was accordingly dismissed.