Samac v The Queen

The applicant, Samac, sought leave to appeal against a total effective sentence of 19 years imprisonment with a non-parole period of 14 years, imposed by the sentencing judge. The case arose from multiple counts of drug trafficking, including trafficking a large commercial quantity of MDMA, and two counts of being a prohibited person in possession of an unregistered firearm. The applicant challenged the sentence on the grounds that the sentencing judge had erred in assessing his prospects of rehabilitation, had not given sufficient weight to the principle of totality, and that the sentence was manifestly excessive.

The court considered whether the sentencing judge had erred in his assessment of the applicant's prospects of rehabilitation and whether the principle of totality had been properly applied. The court also examined whether the sentences for trafficking a large commercial quantity of MDMA and the directions for cumulation were manifestly excessive. The court noted the applicant's drug usage and steps towards rehabilitation within the period of delay, and held that the sentences for trafficking a large commercial quantity of MDMA and the directions for cumulation were manifestly excessive and that the principle of totality had been infringed.

The court granted leave to appeal and allowed the appeal. The court found that the sentencing judge had not properly considered the principle of totality and that the sentences imposed were manifestly excessive. The applicant was re-sentenced. The court ordered that the appeal be allowed and that the appellant be re-sentenced.