Putland v The Queen

[2004] HCA 8
Judgment date
Case number
D11/2003
Before
Gleeson CJ, Gummow, Kirby, Callinan, Heydon JJ
Catchwords

Criminal law – Sentencing - Offences against laws of the Commonwealth - Where offender tried in Territory court for indictable offences against laws of the Commonwealth - Judiciary Act 1903 (Cth), s 68(1) - Where Territory legislation permitted aggregate sentences for indictable offences - Whether aggregate sentences were permissible in the case of Commonwealth offences.

Constitutional law – Discrimination - Whether Territory legislation permitting aggregate sentencing resulted in constitutionally impermissible discrimination between federal offenders.

Words and phrases – "so far as they are applicable".

Crimes Act 1914 (Cth) – s 4K, Pt 1B.

Judiciary Act 1903 (Cth) – s 68.

Sentencing Act (NT) – s 52.

Files
8.rtf (88.98 KB)
8.pdf (171.6 KB)