The King v. McGregor
Case information
Lower Court Judgment
1/11/2024 Supreme Court of New South Wales (Court of Criminal Appeal) (Bell CJ; Kirk JA; Harrison CJ at CL; Davies J; Sweeney J)
Catchwords
Sentencing — appeal against sentence — statutory mandatory minimum sentence prescribed — proper construction of s 16AAC of the Crimes Act 1914 (Cth) — reduction of mandatory minimum where provisions in s 16AAC(3) apply — whether provision is to be treated as capping maximum discount as a proportion of the mandatory minimum, as opposed to provision setting a minimum floor — federal offenders — sentence by State court for offence against Commonwealth law — whether aggregate sentencing under s 53A of Crimes (Sentencing Procedure) Act 1999 (NSW) can be applied to federal offences — whether s 53A is capable of being picked up by s 68(1) of the Judiciary Act 1903 (Cth) and applied to the sentencing of all federal offenders in New South Wales.
Case Summary
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File
SP October 2025.pdf
(69.98 KB)
Documents
| 03/04/2025 | Determination |
| 17/04/2025 | Notice of appeal |
| 22/05/2025 |
Written submissions (Appellant)
(454.26 KB)
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| 22/05/2025 |
Chronology (Appellant)
(195.6 KB)
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| 19/06/2025 |
Written submissions (Respondent)
(7.61 MB)
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| 10/07/2025 |
Reply
(266.22 KB)
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| 07/10/2025 | Hearing: [2025] HCATrans 065 (Full Court, Canberra) |
| 07/10/2025 |
Outline of oral argument (Appellant)
(389.74 KB)
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| 07/10/2025 |
Outline of oral argument (Respondent)
(365.16 KB)
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Case recording