R v Allen [2024] NSWDC 463

R v Allen [2024] NSWDC 463

Allen's aggregate sentence is set at 4 years imprisonment with a 2-year non-parole period, reflecting the need to appropriately punish serious firearms and drug offences (including breaches of prohibition orders), balanced against significant mitigating factors relating to his background, and including a 25% reduction for his plea of guilty.

Parties
Accused: Bailey George Allen; Crown: Public Prosecutions (NSW)
Jurisdiction
Australia
Judgment Date
29 August 2024
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate sentence of imprisonment of 4 years with non-parole period of 2 years, with parole eligibility from 29 March 2025. Various individual sentences imposed, to be served as an aggregate. Sequence 10 dealt with under s 10A with no other penalty; Sequence 1 withdrawn and dismissed.
Legal Topics
Drug Offences, Firearms Offences, Sentencing, Breach of Parole, Mitigating and Aggravating Factors
Criminal Law Drug Offences Firearms Offences Sentencing Breach of Parole Mitigating and Aggravating Factors

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Parties

Bailey George Allen

Accused

Public Prosecutions (NSW)

Crown

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for multiple firearms, weapons, and drug offences, including breaches of prohibition orders, in light of the offender's criminal history and mitigating factors?

Ratio Decidendi

Allen's aggregate sentence is set at 4 years imprisonment with a 2-year non-parole period, reflecting the need to appropriately punish serious firearms and drug offences (including breaches of prohibition orders), balanced against significant mitigating factors relating to his background, and including a 25% reduction for his plea of guilty.

Court Disposition

Aggregate sentence of imprisonment of 4 years with non-parole period of 2 years, with parole eligibility from 29 March 2025. Various individual sentences imposed, to be served as an aggregate. Sequence 10 dealt with under s 10A with no other penalty; Sequence 1 withdrawn and dismissed.

Orders

  • Aggregate sentence of imprisonment of 4 years imposed from 30 March 2023 (commencing after 6 months parole balance served); non-parole period of 2 years set; parole eligibility on 29 March 2025; full term to expire 29 March 2027.
  • Sentences for individual offences as indicated in the judgment, to be served as an aggregate.