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.

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

Criminal Law Sentencing Aggregate Sentence Mandatory Minimum Sentence Federal Jurisdiction Sentencing Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2

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

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