The King v. McGregor

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)

[2024] NSWCCA 200

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.