Pavicevic v The Queen

The appellant, Pavicevic, appealed to the Court of Appeal of the Supreme Court of the Australian Capital Territory against a sentence imposed upon him. The appeal was based on an asserted disparity between his sentence and that of a co-offender.

The central legal issue before the Court of Appeal was the application of the parity principle in sentencing, particularly where co-offenders have received different sentences. This principle generally requires that sentences imposed on co-offenders should be proportionate to their respective culpability and, where possible, should be consistent to avoid perceptions of unfairness.

The Court of Appeal considered the circumstances of the co-offender's sentencing and the appellant's own culpability. It applied the principle that co-offenders are preferably to be sentenced by the same judge to ensure consistency. Having regard to all relevant factors, the Court found no error in the sentencing judge's determination and concluded that the asserted disparity did not warrant intervention on appeal.

The appeal was dismissed.