Sampson v The Queen

Sampson appealed against a sentence imposed by the District Court of New South Wales. The appeal concerned the application of the principle of totality in sentencing.

The central legal issue before the Court of Appeal was whether the sentencing judge had erred in applying the principle of totality when imposing a cumulative sentence, and whether the overall sentence was manifestly excessive.

The Court of Appeal considered the sentencing judge's approach to the principle of totality, which requires a sentencing judge to consider the aggregate sentence imposed for multiple offences. The court noted that while the sentencing judge had acknowledged the principle, the application of it in this instance led to an outcome that was demonstrably too severe. The court found that the cumulative sentence imposed was not proportionate to the gravity of the offences and the appellant's circumstances, and therefore constituted a manifest excess.

The appeal was allowed, and the sentence was varied.