Millard v The Queen
Case
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[2020] ACTCA 20
•23 April 2020
Details
AGLC
Case
Decision Date
Millard v The Queen [2020] ACTCA 20
[2020] ACTCA 20
23 April 2020
CaseChat Overview and Summary
Millard appealed against a sentence imposed by a primary judge. The appeal concerned the characterisation of the seriousness of the offence, whether the sentence was manifestly excessive when compared to sentences in other cases, whether an insufficient discount was given for a guilty plea, and whether the non-parole period was manifestly excessive.
The Court of Appeal was required to determine whether the primary judge had erred in their assessment of the seriousness of the offence, and consequently, whether the imposed sentence and non-parole period were manifestly excessive. This involved considering the proportionality of the sentence in light of comparable cases and the appropriate discount for the guilty plea.
The Court of Appeal dismissed the appeal, finding no error in the primary judge's sentencing decision. The judges were satisfied that the sentence imposed was not manifestly excessive and that the discount for the guilty plea was appropriate.
The Court of Appeal was required to determine whether the primary judge had erred in their assessment of the seriousness of the offence, and consequently, whether the imposed sentence and non-parole period were manifestly excessive. This involved considering the proportionality of the sentence in light of comparable cases and the appropriate discount for the guilty plea.
The Court of Appeal dismissed the appeal, finding no error in the primary judge's sentencing decision. The judges were satisfied that the sentence imposed was not manifestly excessive and that the discount for the guilty plea was appropriate.
Details
Key Legal Topics
Areas of Law
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Criminal Law
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Evidence
Legal Concepts
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Appeal
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Sentencing
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Charge
Actions
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Citations
Millard v The Queen [2020] ACTCA 20
Most Recent Citation
R v Wilson; R v Beath-Williams [2022] ACTSC 20
Cases Citing This Decision
5
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[2022] ACTCA 2
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[2023] ACTSC 142
Cases Cited
9
Statutory Material Cited
3
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[2009] NSWCCA 94
R v Mitchell; R v Gallagher
[2007] NSWCCA 296
R v Kilic
[2016] HCA 48