Miller v R [2023] NSWCCA 267

Miller v R [2023] NSWCCA 267

The sentencing judge did not err because, read as a whole, the sentencing remarks showed that objective seriousness was considered, the individual circumstances of the offences were taken into account, different indicative sentences were set for the distinct offences, and the different roles of the applicant and Mr Panya were recognised and reflected in the sentences. No miscarriage of justice was established.

Jurisdiction
Australia
Judgment Date
25 October 2023
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Appeal From District Court of New South Wales Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['appeal Against Sentence' 'objective Seriousness' 'aggregate Sentence' 'parity Between Co Offenders' 'robbery in Company Armed With a Dangerous Weapon']
['criminal Law' 'sentencing' 'criminal Appeals'] ['appeal Against Sentence' 'objective Seriousness' 'aggregate Sentence' 'parity Between Co Offenders' 'robbery in Company Armed With a Dangerous Weapon']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Appeal From District Court of New South Wales Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge failed separately to assess the objective seriousness of each offence for which the applicant was sentenced and the role he played in the offences.' "Whether the sentencing judge's failure adequately to differentiate the role of the applicant from that of a co-offender caused a miscarriage of justice."]

Ratio Decidendi

The sentencing judge did not err because, read as a whole, the sentencing remarks showed that objective seriousness was considered, the individual circumstances of the offences were taken into account, different indicative sentences were set for the distinct offences, and the different roles of the applicant and Mr Panya were recognised and reflected in the sentences. No miscarriage of justice was established.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant leave to appeal.' 'Dismiss the appeal.']