Allred v The Queen

Case [2015] ACTCA 21


COURT OF APPEAL

Case Title:

Allred v The Queen

Citation:

[2015] ACTCA 21

Hearing Dates:

17 February 2014

DecisionDate:

27 May 2015

Before:

Refshauge, Penfold and Burns JJ

Decision:

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.

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

Legislation Cited:

Crimes (Sentencing) Act 2005 (ACT), ss 33(1)(za), 66, 74

Criminal Code 2002 (ACT), ss 48, 310(a)

Cases Cited:

Allred v Burnett [2014] ACTSC 22

Barbaro v The Queen (2014) 88 ALJR 372
Beniamini v Stormon [2014] ACTSC 2
Bugmy v The Queen (2013) 249 CLR 571
Bui v The Queen [2015] ACTCA 5
Cranssen v The King (1936) 55 CLR 509
Crowley and Garner (1991) 55 A Crim R 201
Eisenach v The Queen [2011] ACTCA 2
Gollan v Bourne & Thomson (1989) 42 A Crim R 22
Harland-White v The Queen [1998] TASSC 999
Hili v The Queen (2010) 242 CLR 520
Holliday v The Queen [2013] ACTCA 31
House v The King (1936) 55 CLR 499
Islam v Wasley and Ross [2014] ACTSC 127
Markarian v The Queen (2005) 228 CLR 357
Postiglione v The Queen (1997) 189 CLR 295
R v Allred and Cringle (Unreported, Australian Capital Territory Supreme Court, Nield AJ, SCC 330 of 2011, SCC 3 of 2012, 5 June 2013)
R v Ang [2014] ACTCA 17
R v CV (2013) 233 A Crim R 57
R vGordon (1994) 71 A Crim R 459
R v McFarland (1993) 2 Tas R 201
R v PM [2009] ACTSC 24
R  v TW (2011) 6 ACTLR 18
R v Williams [2014] ACTCA 30
R vYates (1984) 13 A Crim R 319
Webb v O’Sullivan [1952] SASR 65

Parties:

Jackson Allred (Appellant)

The Queen (Respondent)

Representation:

Counsel

Ms T Warwick (Appellant)

Mr J Lundy (Respondent)

Solicitors

Darryl Perkins Solicitors (Appellant)

ACT Director of Public Prosecutions (Respondent)

File Number(s):

ACTCA 28 of 2013

Decision under appeal: 

Court:  Supreme Court

Before:  Nield AJ

Date of Decision:         24 May 2013

Case Title:  The Queen v Jackson Allred

Court File Number:      SCC 330 of 2011

THE COURT:

Introduction

  1. Jackson Allred, the appellant, was recorded having telephone conversations with Shane Cringle, a…

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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.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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