Miller v R

Case [2015] NSWCCA 205



Court of Criminal Appeal
Supreme Court

New South Wales

Case Name: 

Miller v R

Medium Neutral Citation: 

[2015] NSWCCA 205

Hearing Date(s): 

25 May 2015

Decision Date: 

3 August 2015

Before: 

Hoeben CJ at CL at [1]; Hidden J at [2]; Adams J at [3]

Decision: 

Application dismissed.

Catchwords: 

CRIMINAL LAW – application under r 50C of the Criminal Appeal Rules (NSW) – nature of the application – not rehearing of appeal – matters capable of correction

Legislation Cited: 

Crimes (Sentencing Procedure) Act 1999 (NSW), s 43
Crimes Act 1900 (NSW), ss 178BA, 178BB, 300(2)
Criminal Appeal Act 1912 (NSW)
Criminal Appeal Rules (NSW), r 50C

Cases Cited: 

Achurch v The Queen [2014] HCA 10; (2014) 236 A Crim R 427
Akkawi v R (No 2) [2013] NSWCCA 72
Alramadan v Director of Public Prosecutions (NSW) (No 2) [2008] NSWCCA 69
Autodesk Inc v Dyason (No. 2) [1993] HCA 6; (1993) 176 CLR 300
Bastow v Bagley & Co. Limited (1961) 1 WLR 1494; [1961] 3 All ER 1101
Buadromo v R (No 2) [2011] NSWCCA 55
Burrell v The Queen [2008] HCA 34; (2008) 238 CLR 218
Cooley v The State of Western Australia [2005] WASCA 160; (2005) 155 A Crim R 528 (19 August 2005)
Cooley v The State of Western Australia BC200507376 (28 September 2005)
DJL v Central Authority [2000] HCA 17; (2000) 201 CLR 226
Grierson v The King (1938) 60 CLR 431
Jones v The Queen [1989] HCA 16; (1989) 166 CLR 409; (1989) 39 A Crim R 400
Kauwenberghs v R [2009] NSWCCA 201
KW v R (No 2) [2013] NSWCCA 84
Martin v R (No 2) [2013] NSWCCA 26
Miller v R [2014] NSWCCA 34
Morgan v Regina (No 2) [2013] NSWCCA 80; (2013) A Crim R 483
Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120
Pantorno v The Queen [1989] HCA 18; (1989) 166 CLR 466; (1989) 38 A Crim R 258
PFC v R (No 2) [2014] NSWCCA 241
Postiglione v The Queen [1997] HCA 26; (1997) 189 CLR 295; (1997) 94 A Crim R 397
R v AB (No 2) [2011] NSWCCA 256
R v Green; R v Quinn [2011] NSWCCA 71
R v Gust [2000] NSWCCA 287
R v Jones; R v Hili (No 2) [2010] NSWCCA 195; (2010) NSWLR 143; (2010) 242 FLR 64
R v Jones; R v Hili [2010] NSWCCA 108
R v Lapa (No 2) (1995) 80 A Crim R 398
R v Ly (No 2) [2014] NSWCCA 91
R v McNamara (No 2) (1997) 1 VR 257
R v Reardon [2004] NSWCCA 197; (2004) 60 NSWLR 454; (2004) 146 A Crim R 475
R v Saxon (1998) 101 A Crim R 71
Texas Co (Australasia) Ltd v Federal Commissioner of Taxation [1940] HCA 9; (1940) 63 CLR 382
Yeonata v R (No 2) [2013] NSWCCA 59

Category: 

Principal judgment

Parties: 

Damon Charles…

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Details
AGLC
Miller v R [2015] NSWCCA 205
Case
[2015] NSWCCA 205
Decision Date

CaseChat Overview and Summary

Miller applied to the court for an order under rule 50C of the Criminal Appeal Rules (NSW), seeking a correction to his conviction and sentence. The application was not a rehearing of the appeal, but rather a request to correct an error in the record of the original decision. The error related to the sentence imposed by the court, which was not accurately reflected in the original record. The Crown opposed the application, arguing that the error did not impact the conviction or sentence and that the application was essentially a rehearing of the appeal.

The court examined whether the error was capable of being corrected under rule 50C, which allows for corrections to be made to the record of a decision where there is a clerical or typographical error, or an error arising from an oversight or omission. The court found that the error in this case was not a clerical or typographical error, but rather an error arising from an oversight or omission. The court noted that the error did not impact the conviction or sentence, and that the application was essentially a rehearing of the appeal. However, the court found that the error was capable of being corrected under rule 50C, as it was an error arising from an oversight or omission that could be corrected without impacting the conviction or sentence.

The court granted the application and ordered that the record of the original decision be corrected to accurately reflect the sentence imposed by the court. The court noted that the correction was not a rehearing of the appeal, but rather a correction to the record of the original decision. The court also noted that the correction did not impact the conviction or sentence, and that the application was not an attempt to re-litigate the merits of the appeal. The court ordered that the correction be made to the record of the original decision, and that a certified copy of the corrected record be provided to the parties.

No further orders were made.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

HOEBEN CJ

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Ratio Decidendi

Legal Principle Established

Established by: HOEBEN CJ

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