Miles v R [2023] NSWCCA 90

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Miles v R [2023] NSWCCA 90 Hearing dates: 27 February 2023 Date of orders: 27 February 2023 Decision date: 21 April 2023 Before: Beech-Jones CJ at CL McNaughton J R A Hulme AJ Decision: (1) Grant leave to appeal and allow the appeal. (2) Quash the sentence imposed in the District Court on 3 December 2021 and in lieu impose an aggregate sentence of imprisonment for 3 years and 3 months with a non-parole period of 2 years and 3 months. (3) The sentence is to date from 11 November 2020. Catchwords: CRIME – appeals – appeals against sentence –use offensive weapon with intent to commit indictable offence in company – reckless wounding in company – assault – drive whilst disqualified – mistake of fact in assessment of objective gravity – failure of legal representatives to present subjective case causing miscarriage of justice where there was evidence of disadvantaged background and mental ill-health – errors conceded by Crown – appeal allowed – appellant re-sentenced Legislation Cited: Crimes Act 1900 (NSW), ss 33B, 35 and 61 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 23 and 44 Criminal Procedure Act 1985 (NSW), s 166 Road Transport Act 2013 (NSW), s 54 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Momoa v R [2020] NSWCCA 328 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 Nauer v R [2020] NSWCCA 174 Newman v R [2019] NSWCCA 157 Rae v R [2019] NSWCCA 284 Rizk v R [2020] NSWCCA 291 Tsiakas v R [2015] NSWCCA 187 Category: Principal judgment Parties: Scott Raymond Miles (Appellant) Rex (Respondent) Representation: Counsel: J Roy (Appellant) M Millward (Respondent)