R v James William Miller No. Sccrm-00-36

[2000] SASC 118

R v JAMES WILLIAM MILLER
[2000] SASC 118

Court of Criminal Appeal:  Debelle, Lander and Bleby JJ
Application for Leave to Appeal in Private

1. DEBELLE J.     This is an application for leave to appeal against sentence.

2. In 1980 the applicant was convicted on the verdict of a jury on six counts of murder.  He was sentenced to life imprisonment on each count.  At that time the law made no provision for the fixing of a non-parole period.  The applicant applied to have a non-parole period fixed.  On 8 February 2000 the Chief Justice fixed a non-parole period of 35 years to commence from 23 May 1979, the date when the applicant had been arrested for these offences.

3. The applicant applied for leave to appeal against the term of the non-parole period on the ground that it was manifestly excessive.  Leave to appeal was refused by Nyland J.

4. The applicant applied to the Full Court for leave to appeal.  The application was considered by the Full Court in private pursuant to Rule 15(7) of the Supreme Court Criminal Appeal Rules 1996.

5. The application was considered by Lander and Bleby JJ and me.  We are unanimously of the opinion that leave to appeal should be refused.  The applicant has not satisfied us that the Chief Justice has in any respect erred in principle.  Furthermore, we believe that having regard to all the circumstances of the applicant’s offending, the period fixed was well within the range of the sentencing discretion.

6. For these reasons, leave to appeal is refused.

7. The order of the court is that leave to appeal is refused.