Miller v The The King

Case [2022] NSWCCA 255


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Miller v R [2022] NSWCCA 255
Hearing dates: 8 June 2022
Date of orders: 5 December 2022
Decision date: 05 December 2022
Before: Meagher JA at [1];
Mitchelmore JA at [113];
Bellew J at [115]
Decision:

(1) Grant leave to appeal in respect of grounds 1 and 2.

(2) Dismiss the appeal.

Catchwords:

CRIME – appeals – appeal against conviction – judge-alone trial – where applicant found guilty of five counts of sexual offences – where applicant gave evidence conceding he had opportunity to commit offences but denying offending – where trial judge did not believe applicant’s denials – whether trial judge’s reasons for rejecting applicant’s evidence inadequate – whether verdict unreasonable and cannot be supported by evidence

CRIME – appeals – appeal against conviction – fresh evidence – whether miscarriage of justice due to unavailability of fresh evidence at trial

Legislation Cited:

Children (Criminal Proceedings) Act 1987 (NSW), s 15A

Crimes Act 1900 (NSW), ss 61M(2), 66C(2), 578A(2)

Criminal Appeal Act 1912 (NSW), ss 5(1)(b), 6(1)

Criminal Procedure Act 1986 (NSW), s 133

Evidence Act 1995 (NSW), ss 59, 65, 66

Cases Cited:

AK v Western Australia (2008) 232 CLR 438; [2008] HCA 8

DL v The Queen (2018) 266 CLR 1; [2018] HCA 26

Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29

Fleming v The Queen (1998) 197 CLR 250; [1998] HCA 68

Gallagher v The Queen (1986) 160 CLR 392; [1986] HCA 26

Liberato v The Queen (1985) 159 CLR 507; [1985] HCA 6

M v The Queen (1994) 181 CLR 487; [1994] HCA 63

Mickelberg v The Queen (1989) 167 CLR 259; [1989] HCA 35

Pell v The Queen (2020) 268 CLR 123; [2020] HCA 12

R v Abou-Chabake [2004] NSWCCA 356; (2004) 149 A Crim R 417

Category:Principal judgment
Parties: Daniel Edward Miller (Applicant)
Regina (Respondent)
Representation:

Counsel:
C McGorey (Applicant)
B Hatfield (Crown)

Solicitors:
O’Brien Solicitors (Applicant)
Office of the Director of Public Prosecutions (Crown)
File Number(s): 2019/6974
Publication restriction: Pursuant to Crimes Act 1900 (NSW), s 578A(2) and Children (Criminal Proceedings) Act 1987 (NSW), s 15A(1), publication of any matter which identifies or is likely to identify the complainants CD and HH in connection with this proceeding is prohibited.
 Decision under appeal 
Court or tribunal:
District Court of New South Wales
Jurisdiction:
Criminal
Date of Decision:
26 June 2020
Before:
Woodburne SC DCJ
File Number(s):
2019/6974

JUDGMENT

  1. MEAGHER JA:

Introduction

Pursuant to Criminal Appeal Act 1912 (NSW), s 5(1)(b), the applicant, Daniel Miller, seeks leave to appeal against his conviction on four counts of indecent assault and one of aggravated sexual intercourse.

  1. In the narrative which follows, the complainants and close members of their families are referred to by pseudonyms, in view of the statutory prohibitions on publication of information identifying either of them (Crimes Act 1900 (NSW), s 578A(2) and Children (Criminal Proceedings) Act

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Details
AGLC
Miller v The The King [2022] NSWCCA 255
Case
[2022] NSWCCA 255
Decision Date

CaseChat Overview and Summary

The applicant, Miller, appealed against his conviction on five counts of sexual offences. The case was heard in the court of appeal. Miller was found guilty following a trial before a judge alone and was sentenced to imprisonment. The applicant had given evidence during the trial, in which he conceded that he had the opportunity to commit the offences but denied that he had in fact done so. The trial judge did not believe the applicant’s denials. Miller’s appeal was based on two grounds: firstly, that the trial judge’s reasons for rejecting his evidence were inadequate, and secondly, that the verdict was unreasonable and could not be supported by the evidence. Additionally, Miller sought to adduce fresh evidence, arguing that the unavailability of this evidence at trial had caused a miscarriage of justice.

The court examined the adequacy of the trial judge’s reasons for rejecting Miller’s evidence. The court noted that the trial judge had provided detailed reasons for discrediting Miller’s testimony, including inconsistencies in his account and the credibility of other witnesses. The court found that the trial judge’s reasons were sufficient and demonstrated a proper consideration of the evidence. Furthermore, the court considered whether the verdict was unreasonable in light of the evidence. The court concluded that the trial judge had correctly assessed the credibility of the witnesses and that the verdict was supported by the evidence. The court also examined the fresh evidence proposed by Miller and found that it did not undermine the trial judge’s conclusions. The appeal was therefore dismissed.

The appeal was dismissed, and the convictions and sentences imposed by the trial judge were affirmed. The court found that the trial judge had adequately assessed the evidence and that the verdict was reasonable and supported by the evidence. The court also found that the proposed fresh evidence did not warrant a different outcome.

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

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Ratio Decidendi

Legal Principle Established

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