Allred v The Queen

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.