Commonwealth offences cannot be taken into account using the NSW Form 1 procedure (ss 32-33 Crimes (Sentencing Procedure) Act 1999 (NSW)) when sentencing for State principal offences. Commonwealth offences must be dealt with under s 16BA of the Crimes Act 1914 (Cth) and attached only to other Commonwealth offences. This is because s 16A requires federal offences to attract a separately stated and imposed sentence, and s 19AJ prohibits fixing a single non-parole period for both federal and State sentences. The Western Australian procedure considered in Adams v Western Australia is distinguishable because it requires discrete conviction and sentence for each offence.
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