Miller v The Queen

Case [2004] WASCA 84


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

TITLE OF COURT  :   COURT OF CRIMINAL APPEAL

CITATION:   MILLER -v- THE QUEEN [2004] WASCA 84

CORAM:   STEYTLER J

WHEELER J
MILLER J

HEARD:   6 APRIL 2004

DELIVERED          :   30 APRIL 2004

FILE NO/S:   CCA 27 of 2003

BETWEEN:   MAURIN ASHTON MILLER

Appellant

AND

THE QUEEN
Respondent

ON APPEAL FROM:

Jurisdiction              :  DISTRICT COURT OF WESTERN AUSTRALIA

Coram   :VIOL DCJ

File Number            :  IND 865 OF 2002

Catchwords:

Criminal law - Sentencing - Assault occasioning bodily harm - Aggravated sexual penetration - Whether sentences should be concurrent or cumulative - Allowance for plea of guilty - Application of totality principle

Legislation:

Sentencing Act 1995, s 8(5)

Result:

Leave to appeal granted
Appeal allowed
Sentence varied

Category:    B

Representation:

Counsel:

Appellant:     Mr M Gunning

Respondent:     Mr D Dempster

Solicitors:

Appellant:     Gunning Young

Respondent:     State Director of Public Prosecutions

Case(s) referred to in judgment(s):

Cameron v The Queen (2002) 209 CLR 339

Jarvis v R (1993) 20 WAR 201

McLean v The Queen [1999] WASCA 209

Oldham v The Queen [1999] WASCA 304

Oxwell v The Queen [2002] WASCA 2002

Pieri v The Queen [2001] WASCA 357

Pop v The Queen (2000) 116 A Crim R 398

R v O'Rourke [1997] 1 VR 246

R v Ruane (1979) 1 A Crim R 284

R v White [2002] WASCA 112

Case(s) also cited:

Nil

  1. STEYTLER J:  I have had the advantage of reading, in draft, the judgment of Miller J.  I agree with it and with his Honour's conclusion that leave to appeal should be granted, that the appeal should be allowed, that the sentence imposed by the learned sentencing Judge should be set aside and that there should be substituted, in lieu, a sentence of 6 years, 8 months' imprisonment, with eligibility for parole, such sentence to be served cumulatively upon sentences being served by the appellant.

  2. WHEELER J:  I have had the advantage of reading in draft the reasons for decision of Miller J.  I agree with those reasons and have nothing to add.

  3. MILLER J:  The appellant was indicted in the District Court at Perth on four counts.  The first count alleged that on 28 January 2002 at Midvale he unlawfully assaulted McG and did her bodily harm.  The second count alleged that on the same date and at the same place he unlawfully detained McG.  The third count alleged that on the same date and at the same place he sexually penetrated McG by penetrating her vagina with his penis, without her consent.  There were two circumstances of aggravation alleged, namely that at the time the appellant did bodily harm to the complainant and threatened to kill her.  There was a fourth count which alleged that on the same date and at the same place the appellant made a threat with intent to compel the complainant to do an act she was lawfully entitled to abstain from doing.

  4. The appellant was tried between 17 February 2003 in…

Continue reading Miller v The Queen

Sign in free to access the full text

Details
AGLC
Miller v The Queen [2004] WASCA 84
Case
[2004] WASCA 84
Decision Date

CaseChat Overview and Summary

In the matter of Miller v The Queen, the High Court was asked to consider the sentencing of Miller, who had been convicted of aggravated sexual penetration and assault occasioning bodily harm. The appeal centred on the question of whether the sentences imposed by the lower courts should run concurrently or cumulatively. The case highlighted the balance between the principle of totality, which seeks to avoid excessive punishment, and the need to appropriately reflect the severity of the crimes committed.

The court needed to determine whether the sentences for the two offences should be served simultaneously or one after the other. The defence argued for concurrent sentences, noting Miller's early guilty plea and the court's need to take into account the totality of the punishment. The prosecution, on the other hand, contended that the crimes were of such gravity that a cumulative approach was necessary to adequately reflect their seriousness and to provide sufficient deterrence. The court was tasked with navigating these competing considerations.

The court held that the totality principle should be applied in a way that ensured the overall punishment was proportionate to the crimes committed. It recognised the importance of acknowledging Miller's guilty plea by potentially reducing the severity of the sentence. However, it also emphasised the need to appropriately reflect the gravity of the offences, which involved significant harm to the victim. Ultimately, the court found that the sentences should be cumulative, ensuring that the punishment appropriately reflected the severity of the crimes while still considering the plea of guilty.

The court ordered that the sentences for the aggravated sexual penetration and the assault occasioning bodily harm be served cumulatively, reflecting the appropriate balance between the need for deterrence and the principle of totality.

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

WHEELER J

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Established by: WHEELER J

Full text does not contain this section.