2. Mr Allred be sentenced to imprisonment for four years and six months to commence on 6 January 2013.
3. The sentences handed down in Allred v Burnett [2014] ACTSC 22, to commence on 6 July 2018, be adjusted under s 74 of the Crimes (Sentencing) Act 2005 (ACT) by directing that each of them commence one year earlier than specified in that decision and as set out in [77] of the reasons for judgment in this appeal.
4. A nonparole period be set to commence on 6 January 2013 and to end on 6 January 2017.
Category:
Principal Judgment
Catchwords:
APPEAL – GENERAL PRINCIPLES – Conspiracy to commit aggravated robbery – Appeal against sentence – Proper grounds of appeal – Manifest excess – Available range of sentences – ‘Crushing’ sentence – Offender already re-sentenced – Reduction of head sentence – Statutory restriction on change to the nonparole period
Jackson Allred, the appellant, was recorded having telephone conversations with Shane Cringle, a…
Grounds of appeal
[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.
[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.
[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.
Consideration
[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.
[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.
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Details
AGLC
Allred v The Queen [2015] ACTCA 21
Case
[2015] ACTCA 21
Decision Date
CaseChat Overview and Summary
In *Allred v The Queen*, the Australian Capital Territory Court of Appeal considered an appeal against sentence by Mr Allred, who had been convicted of conspiracy to commit aggravated robbery. The appeal concerned the appropriateness of the sentence imposed and the interplay between different sentencing orders.
The Court was required to determine whether the original sentence for the conspiracy offence was manifestly excessive, and if so, what sentence should be substituted. A further issue was the impact of a subsequent sentencing decision on the original sentence, particularly in light of statutory restrictions on altering non-parole periods.
The Court found that the original sentence was indeed manifestly excessive, considering the available range of sentences for the offence and the offender's circumstances. It reasoned that the initial sentence did not adequately reflect the principles of sentencing, including proportionality and rehabilitation. Consequently, the Court upheld the appeal, reducing the head sentence for the conspiracy offence. The Court also exercised its power under s 74 of the *Crimes (Sentencing) Act 2005* (ACT) to adjust the commencement dates of sentences imposed in a later, separate proceeding, effectively bringing them forward. A non-parole period was set for the conspiracy offence, commencing from the date of the original sentence.
Orders
Orders of the court
1. The appeal be upheld.
2. Mr Allred be sentenced to imprisonment for four years and six months to commence on 6 January 2013.
3. The sentences handed down in Allred v Burnett [2014] ACTSC 22, to commence on 6 July 2018, be adjusted under s 74 of the Crimes (Sentencing) Act 2005 (ACT) by directing that each of them commence one year earlier than specified in that decision and as set out in [77] of the reasons for judgment in this appeal.
4. A nonparole period be set to commence on 6 January 2013 and to end on 6 January 2017.