PARTIES: GEOFFREY BRIAN MILLER
v
ROBERT ROLAND BURGOYNE
TITLE OF COURT: SUPREME COURT OF THE NORTHERN TERRITORY
JURISDICTION: APPEAL FROM COURT OF SUMMARY JURISDICTION EXERCISING TERRITORY JURISDICTION
FILE NO: JA 56 of 2003 (20314610)
DELIVERED: 7 September 2004
HEARING DATES: 31 August 2004
JUDGMENT OF: OLSSON AJ
REPRESENTATION:
Counsel:
Applicant: A. Hopkins
Respondent: C. Roberts
Solicitors:
Applicant: Central Australian Aboriginal Legal Aid Service
Respondent: Office of the Director of Public Prosecutions
Judgment category classification: C
Number of pages: 13
IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT ALICE SPRINGS
Miller v Burgoyne [2004] NTSC 47
No JA 56 of 2004 (20314601)
IN THE MATTER OF the Justices Act
AND IN THE MATTER OF an appeal against sentence handed down in the Court of Summary Jurisdiction at Alice Springs
BETWEEN:
GEOFFREY BRIAN MILLER
Applicant
AND:
ROBERT ROLAND BURGOYNE
Respondent
CORAM: OLSSON AJ
REASONS FOR JUDGMENT
(Delivered 7 September 2004)
[1] This is an appeal against the sentence imposed on the appellant on 18 November 2003 by the Magistrates Court sitting at Alice Springs.
[2] The appellant was arrested on 31 July 2003 and charged with six counts under s 5(1) of the Misuse of Drugs Act. The first four counts asserted an unlawful supply of cannabis to another person. The fifth asserted an unlawful possession of cannabis plant material and that the amount of that material was a traffickable quantity, namely 57.5g. The sixth alleged possession of money or other property, namely $150 cash, reasonably suspected of being the proceeds of an offence, namely selling cannabis.
[3] These matters came before the authorised Stipendiary Magistrate for the Drug Court in the Southern Region, established in accordance with the announcement of the Minister for Justice and Attorney General made on 11 August 2003 concerning a new initiative that aimed to target and reform offenders addicted to illicit drugs, through treatment and rehabilitation. The learned magistrate had undergone specific training for that appointment.
[4] As I understand the material made available to me, this was an experimental program of a nature similar to the Court Referral, Evaluation for Drug Intervention and Treatment program that had been found to be successful in Victoria. The program introduced by the Minister is titled CREDIT NT.
[5] The program has not been based on any specific legislative footing. It is an informal, albeit government-sponsored, initiative the aims of which are said to be "to reduce illicit drug use and related crime by participants, reduce the likelihood of a sentence involving incarceration, reduce the cost to the justice and health systems and improve the health and social contribution of the participants." (The emphasis is mine.)
[6] In his announcement the Minister said:
"Under the new drug Court program Magistrates can divert offenders who have allegedly committed crime to fund their drug habit to drug intervention and treatment programs.
Suitable offenders will enter a treatment and rehabilitation program extending up to…
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- AGLC
- Miller v Burgoyne [2004] NTSC 047
- Case
- [2004] NTSC 47
- Decision Date
CaseChat Overview and Summary
The court found that the Magistrate's approach to sentencing did not align with proper sentencing principles. The court held that the Magistrate's focus on general deterrence led to a compromise sentence that did not fully recognise the factor of general deterrence and was potentially counterproductive. The court also noted that requiring Miller to serve a portion of the custodial sentence could deter potential participants from meaningfully engaging in the CREDIT NT program. The court concluded that in cases where diversion is sanctioned and participation is successful, the primary focus should shift from general deterrence to rehabilitation, which could typically involve fully suspending the custodial sentence.
The appeal was allowed, and the sentence was set aside. The court imposed a sentence of imprisonment for four months, fully suspended for 18 months, subject to conditions including supervision by Community Corrections and attendance at appropriate programs.
Orders
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Evidence
Evidence Before The Court
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Decision
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