The Victorian Court of Appeal held that while individual sentences for trafficking a commercial quantity of methylamphetamine (10 years 6 months) and possessing a firearm contrary to a prohibition order (5 years) were stern but not individually manifestly excessive, the total effective sentence of 13 years 6 months was manifestly excessive as it failed to properly apply the totality principle. The Court resentenced the applicant to a total effective sentence of 11 years 6 months with a non-parole period of 8 years, reducing both individual sentences and cumulation periods. The Court reaffirmed that the call for uplift in sentencing for commercial quantity drug trafficking from Gregory v The Queen remains a relevant but not controlling factor following Dalgliesh, and that current sentencing practices do not set a ceiling on available sentences.
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