Miller v R [2014] NSWCCA 34

Miller v R [2014] NSWCCA 34

The appeal against conviction and sentence in both 2007 and 2009 trials was dismissed because the grounds of appeal were not made out; the verdicts were not unreasonable or inconsistent, no error amounted to a miscarriage of justice, the documentary and identification evidence were properly admitted, and no fresh or...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 March 2014
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Judgment
Outcome
Appeal against conviction dismissed; leave to appeal against sentence granted, but appeal dismissed.
Legal Topics
['appeal Against Conviction' 'appeal Against Sentence' 'obtain Benefit by Deception' 'use False Instrument' 'false Statement' 'sentencing' 'fraud' 'evidentiary Issues' 'fresh Evidence' 'duplicity' 'identification Evidence']
['criminal Law'] ['appeal Against Conviction' 'appeal Against Sentence' 'obtain Benefit by Deception' 'use False Instrument' 'false Statement' 'sentencing' 'fraud' 'evidentiary Issues' 'fresh Evidence' 'duplicity' 'identification Evidence']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Court of Criminal Appeal Judgment

Legal Issues

  1. 1 ['Whether verdicts on several counts were inconsistent' 'Whether counts alleged offences not known to the law' 'Whether conviction and sentence appeals should succeed' 'Whether defects in indictment or directions amounted to miscarriage of justice' 'Grounds based on fresh or new evidence' 'Whether sentences were manifestly excessive']

Ratio Decidendi

The appeal against conviction and sentence in both 2007 and 2009 trials was dismissed because the grounds of appeal were not made out; the verdicts were not unreasonable or inconsistent, no error amounted to a miscarriage of justice, the documentary and identification evidence were properly admitted, and no fresh or new evidence was credible or unavailable at trial. Sentences were not manifestly excessive, and were within discretion by reference to objective gravity, deterrence, and special circumstances.

Court Disposition

Appeal against conviction dismissed; leave to appeal against sentence granted, but appeal dismissed.

Orders

  • ['With respect to the 2007 trial: appeal against conviction dismissed; leave to appeal against sentence granted, but appeal dismissed.' 'With respect to the 2009 trial: appeal against conviction dismissed; leave to appeal against sentence granted, but appeal dismissed.']