Criminal law – Sentencing – Aggregate sentence of imprisonment – Where offence attracted mandatory minimum sentence of imprisonment under s 16AAA of Crimes Act 1914 (Cth) – Whether New South Wales courts can impose aggregate sentence with respect to multiple Commonwealth offences – Whether New South Wales courts can impose aggregate sentence where Commonwealth offence attracts mandatory minimum sentence of imprisonment – Whether s 53A of Crimes (Sentencing Procedure) Act 1999 (NSW) capable of being picked up and applied by s 68(1) of Judiciary Act 1903 (Cth) to sentencing for Commonwealth offences – Whether s 53A(2)(b) of Crimes (Sentencing Procedure) Act 1999 (NSW) incompatible with Div 2 of Pt IB of Crimes Act 1914 (Cth).
Words and phrases – "aggregate sentence", "deterrence", "different legal operation", "discount", "essential meaning", "federal jurisdiction", "federal offences", "general sentencing principles", "incompatibility", "inconsistency", "indication", "indicative sentence", "instinctive synthesis", "jurisdiction", "like jurisdiction", "mandatory minimum sentence", "mandatory minimum term of imprisonment", "minimum term", "multiple offences", "non-parole period", "operative sentence", "picked up", "sentence of imprisonment", "sentencing principles", "substantively different legal operation", "totality", "translation", "transparency", "yardstick".
Crimes Act 1914 (Cth), ss 16A, 16AAA, 16AAB, 16AAC, 19(2), 19AB(1).
Crimes (Sentencing Procedure) Act 1999 (NSW), s 53A.
Judiciary Act 1903 (Cth), s 68.