Putland v The Queen

HIGH COURT OF AUSTRALIAGLEESON CJ,GUMMOW, KIRBY, CALLINAN AND HEYDON JJROBERT JOHN PUTLAND  APPELLANTANDTHE QUEEN  RESPONDENTPutland v The Queen[2004] HCA 812 February 2004D11/2003ORDERAppeal dismissed.On appeal from the Supreme Court of the Northern TerritoryRepresentation:D Grace QC with R R Goldflam for the appellant (instructed by Northern Territory Legal Aid Commission)D J Bugg QC with G C Fisher for the respondent (instructed by Commonwealth Director of Public Prosecutions)Intervener:D M J Bennett QC, Solicitor-General of the Commonwealth, with A R Beech intervening on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSPutland v The QueenCriminal 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.GLEESON CJ.   The appellant was charged in the Supreme Court of the Northern Territory with offences against the Crimes Act 1914 (Cth) ("the Crimes Act") and offences against the Bankruptcy Act 1966 (Cth). All were indictable offences. The...