Miles v The Queen

Miles appealed against the sentence imposed by a single judge of the Supreme Court of Queensland. The appeal concerned the severity of the sentence and alleged errors in the determination of the non-parole period.

The Court of Appeal was required to consider whether the sentence imposed was manifestly excessive, whether the principle of totality had been correctly applied, and whether the parity principle had been given due consideration. Further, the court had to determine if there were errors of fact or a failure by the sentencing judge to articulate the objective seriousness of the offences.

The Court of Appeal found that while some grounds of appeal lacked merit, there were indeed errors in the sentencing process, particularly concerning the non-parole period and the articulation of the objective seriousness of the offences. The court applied the principles of totality and parity in re-sentencing the appellant. The appeal was otherwise dismissed.