Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Miller v R [2015] NSWCCA 206 Hearing dates: 10 September 2014 Decision date: 03 August 2015 Before: Beazley P;
Fullerton J;
Hamill JDecision: (1) Application for leave to appeal against sentence refused;
(2) Appeal against conviction dismissed.Catchwords: CRIMINAL LAW – appeal against conviction – appellant convicted by jury of dishonestly obtaining a financial advantage by deception contrary to the Crimes Act 1900 (NSW), s 178BA(1) and using a false instrument contrary to the Crimes Act 1900 (NSW), s 300(2)
CRIMINAL LAW – appeal – where verdict alleged to be “unsafe and/or dangerous” – Criminal Appeal Act 1912 (NSW) s 6(1) – whether verdict “unreasonable, or cannot be supported, having regard to the evidence”
CRIMINAL LAW – whether trial judge erred in failing to discharge jury exposed to prejudicial evidence – whether miscarriage of justice
EVIDENCE – challenges to admissibility – Evidence Act 1995 (NSW) ss 55, 137
EVIDENCE – voice identification evidence – where witnesses participated in voice identification parade – where differences in recording of appellant’s voice and recordings of sample voices were attributable to method of recording and production
EVIDENCE – visual identification evidence – where witnesses in better position than jurors to make visual comparison
EVIDENCE – expert handwriting recognition evidence – circumstantial evidence that accused wrote comparator sample documents
SENTENCING – appeal against sentence – whether non-parole period manifestly excessive – whether excessive weight placed upon principle of specific deterrenceLegislation Cited: Crimes Act 1900 (NSW)
Criminal Appeal Act 1912 (NSW)
Criminal Appeal Rules
Criminal Procedure Act 1986 (NSW)
Evidence Act 1995 (NSW)Cases Cited: Alexander v The Queen [1981] HCA 17; 145 CLR 395
Crofts v R [1996] HCA 22; 186 CLR 427
Fleming v The Queen [1998] HCA 68; 197 CLR 250
Khazaal v R [2010] NSWCC 129
M v The Queen [1994] HCA 63; 181 CLR 487
Maric v R (1978) 52 ALJR 631
MFA v The Queen [2002] HCA 53; 213 CLR 606
R v Adler [2000] NSWCCA 357; 116 A Crim R 38
R v Blick [2000] NSWCCA 61; 111 A Crim R 326
R v Brownlowe (1987) 7 NSWLR 461
R v John [1975] Crim LR 456
R v Riscuta [2003] NSWCCA 6
R v Shamouil [2006] NSWCCA 112
R v Smith (1987) 7 NSWLR 444
R v Smith [2001] HCA 50; 206 CLR 650
R v XY [2013] NSWCCA 12
SKA v The Queen [2001] HCA 13; 243 CLR 400Category: Principal judgment Parties: Damon Charles Miller (Appellant)
Regina (Respondent)Representation: Counsel:
Solicitors:
L Tyndall (Appellant)
G Rowling (Respondent
Carrolls Lawyers (Appellant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2008/205683 Decision under appeal
- Court or tribunal:
- District Court
- Citation:
- R v Damon Charles Miller
- Date of Decision:
- 7 March 2013
- Before:
- Woodburne DCJ
- File Number(s):
- 2008/205683
HEADNOTE
[This headnote is not to be read as part of the judgment]
The appellant, Damon Charles Miller, was found…
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- AGLC
- Miller v R [2015] NSWCCA 206
- Case
- [2015] NSWCCA 206
- Decision Date
CaseChat Overview and Summary
The court examined whether the trial judge erred in failing to discharge the jury that had been exposed to prejudicial evidence, potentially resulting in a miscarriage of justice. The admissibility of evidence was also scrutinized, particularly in relation to voice identification, visual identification, and expert handwriting recognition evidence. The court considered whether the trial judge made any errors in the handling of this evidence and whether these errors affected the safety of the verdict. The court assessed whether the trial judge correctly applied the principles set out in the Evidence Act 1995 (NSW) in relation to the admissibility of evidence and whether the evidence was prejudicial or unreliable.
The court concluded that the trial judge did not err in his handling of the evidence, and the verdict was safe and not unreasonable. The appeal against the conviction was dismissed. The court also found that the sentence was not manifestly excessive and that the trial judge had not placed excessive weight on the principle of specific deterrence. The appeal against sentence was also dismissed. The final orders were that the conviction and sentence were upheld, and Miller's appeal was dismissed in its entirety.
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
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Ratio Decidendi
Legal Principle Established
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