Miller v The Queen

Case [2018] ACTCA 21


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL

Case Title:

Miller v The Queen

Citation:

[2018] ACTCA 21

Hearing Date:

14 February 2018

DecisionDate:

1 June 2018

Before:

Murrell CJ, Elkaim and Wigney JJ

Decision:

See [22]

Catchwords:

APPEAL – In General and Right of Appeal – Appeal against sentence – whether the primary judge erred in his assessment of the appropriate discount for the offender’s pleas of guilty and assistance to authorities – where the Crown made submissions on the appropriate range of discounts

Legislation Cited:

Crimes (Sentencing) Act 2005 (ACT) ss 35 and 36

Criminal Code 2002 (ACT) ss 338, 603 and 717
Corrections Management Act 2007 (ACT) s 145
Drugs of Dependence Act 1989 (ACT) s 164

Supreme Court Act 1933 (ACT) s 37O

Cases Cited:

AB v The Queen [1999] HCA 46; 198 CLR 111

Barbaro v The Queen; Zirilli v The Queen [2014] HCA 2; 253 CLR 58
Cranfield v The Queen [2018] ACTCA 3
Dinsdale v The Queen [2000] HCA 54; 202 CLR 321
Gillard v The Queen [2016] ACTCA 50
Hartman v Director of Public Prosecutions (Cth) [2011] NSWCCA 261
House v The King (1936) 55 CLR 499
Kentwell v The Queen [2014] HCA 37; 252 CLR 601
Lin v The Queen; Ng v The Queen [2016] NSWCCA 200
Markarian v The Queen [2005] HCA 25; 228 CLR 357
Ma v The Queen [2010] NSWCCA 320
Monfries v The Queen [2014] ACTCA 46
R v Barrientos [1999] NSWCCA 1
R v Cartwright (1989) 17 NSWLR 243
R v El Hani [2004] NSWCCA 162
R v Ellis (1986) 6 NSWLR 603
R v Gallagher (1991) 23 NSWLR 220
R v M [2005] NSWCCA 224
R v Ngata [2015] ACTSC 356
Pang v The Queen [1999] NSWCCA 4; 105 A Crim R 474
R v Sukkar [2006] NSWCCA 92; 172 A Crim R 151
R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383
R v Toumo’ua [2017] ACTCA 9
Ryan v The Queen [2001] HCA 21; 206 CLR 267
SZ v The Queen [2007] NSWCCA 19; 168 A Crim R 249
Wang v The Queen [2010] NSWCCA 319
Williams v The Queen [2018] ACTCA 4
Wong v The Queen [2001] HCA 64; 207 CLR 584

Zhang v R [2011] NSWCCA 233

Parties:

Erin Miller (Appellant)

The Queen (Respondent)

Representation:

Counsel

Mr P Bevan (Appellant)

Mr J White SC (Respondent)

Solicitors

Bevan & Co Solicitors (Appellant)

ACT Director of Public Prosecutions (Respondent)

File Number:

ACTCA 31 of 2017

Decision under appeal: 

Court:  ACT Supreme Court

Before:  Robinson AJ

Date of Decision:         26 June 2017

Case Title:  R v Miller

Citation: [2017] ACTSC 150

MURRELL CJ AND ELKAIM J:

  1. We have had the benefit of reading the decision of Wigney J in draft form.

  1. We agree with and adopt his Honour’s description and summary of the background to the appeal, the procedural history, the relevant legislation, the Crown’s submissions and…

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AGLC
Miller v The Queen [2018] ACTCA 21
Case
[2018] ACTCA 21
Decision Date

CaseChat Overview and Summary

Miller appealed against a sentence imposed by a primary judge in the Supreme Court of New South Wales. The appeal concerned the assessment of the appropriate discount to be applied to the offender's sentence, specifically in relation to his pleas of guilty and assistance provided to the authorities. The Crown had made submissions regarding the appropriate range of discounts.

The central legal issue before the Court of Appeal was whether the primary judge erred in his assessment of the discount to be applied to the offender's sentence, considering the guilty pleas and assistance rendered to the authorities. This involved determining if the discount provided was demonstrably insufficient or disproportionate to the circumstances.

The Court of Appeal considered the principles governing sentence discounts for guilty pleas and assistance to the authorities. It noted that while a guilty plea generally warrants a discount, the extent of that discount is a matter for the sentencing judge's discretion, informed by the circumstances of the case. Similarly, assistance to authorities can justify a further reduction in sentence. The Court reviewed the primary judge's reasoning and the submissions made by the Crown to determine if there was an error in the application of these principles.

The Court of Appeal dismissed the appeal, finding no error in the primary judge's sentencing decision. The orders of the primary judge were affirmed.

Orders

Orders of the court

See [22]

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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