Where an offender is sentenced for multiple offences of different character that are unrelated (though linked in time), a manifestly excessive sentence on one count cannot be allowed to stand merely because the overall effective sentence appropriately reflects total criminality. The term 'sentence' in s 6(3) of the Criminal Appeal Act 1912 (NSW) refers to the individual sentence for each offence, not the overall effective sentence (per Hulme J; Hidden J preferring a different basis). For drug supply of very small quantities with no dealing history, the availability of summary jurisdiction and its lower maximum penalty is a relevant sentencing consideration that must be given weight.
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