Ribbon v The Queen

In *Ribbon v The Queen*, the Court of Criminal Appeal considered an appeal against sentence by the appellant, who had been convicted of drug importation offences. The central dispute concerned whether the sentencing judge had made proper allowance for the time the appellant had spent in custody and on home detention bail when fixing the head sentence and the non-parole period.

The legal issues before the Court were whether the sentencing judge erred in her approach to accounting for pre-sentence custody and quasi-custody when determining the head sentence and the non-parole period, and whether the non-parole period fixed was demonstrably just and transparent, reflecting the time already served. The Court was required to assess if the sentencing judge had given "proper allowance" for the time served, as submitted by the appellant.

The Court held that while the sentencing judge had ultimately made proper allowance for the time served in custody when fixing the non-parole period, the approach taken was not the preferable one. The sentencing judge had reduced the head sentence for time served and then fixed the non-parole period by reference to that reduced head sentence. The Court noted that this method, while not erroneous if the time served is adequately considered, can lead to opacity in the sentencing process. The preferred approach, which ensures transparency and avoids potential grievances, is to fix both the head sentence and the non-parole period and then reduce both for time spent in custody. The Court granted permission to appeal but dismissed the appeal, finding no error in the final outcome.