The King v McGregorCitation:[2026] HCA 3Before:Gageler CJ, Gordon, Edelman, Steward, Gleeson, Jagot, Beech-Jones JJDate:11 Mar 2026Case Number:S45/2025Read more
New South Wales courts cannot impose an aggregate sentence under s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW) for multiple Commonwealth offences where any offence attracts a mandatory minimum sentence under s 16AAA of the Crimes Act 1914 (Cth), as s 53A is incompatible with the federal sentencing regime.
Source-derived case information.
- Parties
- Appellant: The King; Respondent: McGregor
- Jurisdiction
- Australia
- Judgment Date
- 11 March 2026
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Aggregate Sentence, Mandatory Minimum Sentence, Federal Jurisdiction, Sentencing Procedure
Source-derived case record
Summary, issues, holding and outcome
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Parties
The King
Appellant
McGregor
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether New South Wales courts can impose an aggregate sentence for multiple Commonwealth offences
- 2 Whether an aggregate sentence can be imposed where a Commonwealth offence attracts a mandatory minimum sentence
- 3 Whether s 53A of Crimes (Sentencing Procedure) Act 1999 (NSW) can be applied to Commonwealth offences via s 68(1) of Judiciary Act 1903 (Cth)
Ratio Decidendi
New South Wales courts cannot impose an aggregate sentence under s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW) for multiple Commonwealth offences where any offence attracts a mandatory minimum sentence under s 16AAA of the Crimes Act 1914 (Cth), as s 53A is incompatible with the federal sentencing regime.
Court Disposition
appeal allowed
Orders
- Aggregate sentence set aside
- Matter remitted to the Supreme Court of New South Wales for resentencing in accordance with law
Full Case Text
Judgment text and source record
1 paragraphs
Judgment date 11 March 2026 Case number S45/2025 Before Gageler CJ, Gordon, Edelman, Steward, Gleeson, Jagot, Beech-Jones JJ Catchwords 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. Files The King v McGregor (S45-2025) [2026] HCA 3.docx (184.14 KB) The King v McGregor (S45-2025) [2026] HCA 3.pdf (511.59 KB)