Miller v The King

Case [2023] NSWCCA 267


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Miller v R [2023] NSWCCA 267
Hearing dates: 3 July 2023
Date of orders: 25 October 2023
Decision date: 25 October 2023
Before: Kirk JA at [1];
Rothman J at [38];
N Adams J at [41]
Decision:

(1) Grant leave to appeal.

(2) Dismiss the appeal.

Catchwords:

CRIME — Appeals — Appeal against sentence — Whether sentencing judge failed to separately assess the objective seriousness of each offence — Whether sentencing judge failed to adequately differentiate the role of the applicant with co-offenders — Consideration of objective seriousness need not be expressed in a particular way — Sentencing exercise is to be judged in light of the sentencing judge’s reasons read as a whole

Legislation Cited:

Crimes Act 1900 (NSW), ss 35(1), 97(2)

Cases Cited:

Bektasovski v R (2022) 407 ALR 125; [2022] NSWCCA 246

Courtney v R (2022) 102 MVR 271; [2022] NSWCCA 223

Delaney v R; R v Delaney (2013) 230 A Crim R 581; [2013] NSWCCA 150

Kochai v R [2023] NSWCCA 116

R v Campbell [2014] NSWCCA 102

R v Tadrosse (2005) 65 NSWLR 740; [2005] NSWCCA 145

White v R (2016) 261 A Crim R 302; [2016] NSWCCA 190

Yeung v R [2018] NSWCCA 52

Zreika v R (2012) 223 A Crim R 460; [2012] NSWCCA 44

Category:Principal judgment
Parties: Jarryd Miller (Applicant)
Rex (Respondent)
Representation:

Counsel:
T Ramrakha (Applicant)
E Wilkins SC (Respondent)

Solicitors:
Legal Aid NSW (Applicant)
Solicitor for Public Prosecutions NSW (Respondent)
File Number(s): 2020/187968
Publication restriction: Nil
 Decision under appeal 
Court or tribunal:
District Court of New South Wales
Jurisdiction:
Criminal
Citation:

R v Miller; R v Panya [2022] NSWDC 314

Date of Decision:
28 July 2022
Before:
Scotting DCJ
File Number(s):
2020/187968

HEADNOTE

[This headnote is not to be read as part of the judgment]

The applicant, Mr Miller, and three co-offenders were involved in a robbery. In the course of the robbery, one of the applicant’s co-offender, Mr Panya, shot one of the victims with a gun.

The applicant pleaded guilty to three offences, one of assault with intent to rob in company armed with a dangerous weapon and two of robbery in company armed with a dangerous weapon. Three further offences were taken into account on a Form 1. He was sentenced to an aggregate term of imprisonment for 7 years with a non-parole period of 4 years.

Mr Panya pleaded guilty to the same three charges in addition to a further offence of recklessly causing grievous bodily harm, with the same further three charges taken into account on a Form 1. He was sentenced at the same time and received an aggregate sentence of 8 years with a non-parole period of 4 years and 9 months.

The indicative sentences imposed on the applicant for each of the three offences were respectively 6 years, 5 years, and 4 years 9 months. The indicative sentences imposed on Mr Panya for each of the…

Continue reading Miller v The King

Sign in free to access the full text

Details
AGLC
Miller v The King [2023] NSWCCA 267
Case
[2023] NSWCCA 267
Decision Date

CaseChat Overview and Summary

The appeal in Miller v The King involved the applicant, Miller, who sought to challenge the sentence imposed by the sentencing judge. The primary dispute was whether the judge had correctly assessed the objective seriousness of each offence and adequately differentiated Miller's role from that of his co-offenders. The case was heard in the High Court of Australia, which is the highest judicial body in the country.

The central legal issues were whether the sentencing judge had failed to separately assess the objective seriousness of each offence and whether the judge had failed to adequately differentiate Miller's role with that of his co-offenders. These issues revolved around the proper application of sentencing principles and the necessity for the sentencing judge to articulate specific considerations in their judgment.

In addressing these issues, the court held that the requirement for the sentencing judge to separately assess the objective seriousness of each offence need not be expressed in a particular way. Instead, the court should judge the sentencing exercise by considering the sentencing judge's reasons as a whole. The court found that the sentencing judge had adequately differentiated Miller's role from that of his co-offenders and had sufficiently considered the objective seriousness of the offences. Therefore, the appeal was dismissed.

The final orders of the court affirmed the sentence imposed by the sentencing judge, rejecting Miller's appeal on the grounds that the sentencing judge had appropriately assessed the objective seriousness of the offences and differentiated Miller's role with his co-offenders.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.