Walton v The Queen

The Supreme Court of the Northern Territory, constituted by Grant CJ, Southwood and Blokland JJ, heard an appeal by the appellant against her sentence. The appellant had pleaded guilty to two counts: administering a dangerous drug (methamphetamine) to herself, and unlawfully possessing a glass ice pipe for use in the administration of a dangerous drug. The sentencing judge imposed an aggregate sentence of imprisonment.

The central legal issue before the Court was whether the aggregate sentence imposed by the sentencing judge was authorised by the *Sentencing Act*. The appellant contended that the sentencing judge had erred in law by imposing an aggregate sentence that was not permitted by the Act.

The Court reasoned that the *Sentencing Act* did not authorise the imposition of an aggregate sentence in the circumstances of this case. The Act prescribed specific sentencing options for individual offences, and an aggregate sentence was not among them. Consequently, the sentencing judge had committed a specific error in law. The appeal was allowed, and the matter was remitted for re-sentencing.