Miller v R [2024] NSWCCA 51

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Miller v R [2024] NSWCCA 51 Hearing dates: 5 April 2024 Date of orders: 12 April 2024 Decision date: 12 April 2024 Before: Bell CJ; Harrison CJ at CL and Sweeney J Decision: 1. Grant leave to appeal against conviction. 2. Allow the appeal against conviction. 3. Quash the conviction for murder and the sentence passed. 4. On the charge that the applicant did on 20 June 2020 murder Emerald Wardle, the Court returns a special verdict of act proven but not criminally responsible. 5. Pursuant to s 33(1)(b) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), order that Jordan Brodie Miller be detained in a correctional facility, or at such other place as may be determined from time to time by the Mental Health Review Tribunal, until he is released by due process of law. 6. Pursuant to s 34 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), refer Jordan Brodie Miller to the Mental Health Review Tribunal. 7. Direct the Registrar to notify the Minister for Health, as soon as practicable, of the making of these orders by this Court and the terms of this judgment. 8. Direct the Registrar to notify the Mental Health Review Tribunal, as soon as practicable, of the terms of these orders and to provide to the Tribunal the following documentation: i. A copy of the judgment of this Court and its orders ii. A transcript of the hearing of these proceedings iii. The transcript of the trial iv. Copies of the exhibits from the trial including the reports of Dr Nielssen and Professor Greenberg v. A copy of the expert reports tendered in these proceedings by Dr Rae, Dr Nielssen and Dr Eagle vi. A copy of the Victim Impact Statements read during these proceedings. 9. Direct the Registrar to notify Justice Health and Forensic Mental Health Network, as soon as practicable, of the orders of the Court and verdict of the Court in this matter and to provide to Justice Health copies of the following documents: i. A copy of the reasons of this Court for its verdict and orders ii. Copies of the reports of Dr Nielssen, Professor Greenberg, Dr Rae and Dr Eagle. Catchwords: CRIME — Appeals — Appeal against conviction and sentence — Murder MENTAL HEALTH — Criminal proceedings — Defence of mental health impairment — Special verdict of act proven but not criminally responsible — Where applicant diagnosed with schizophrenia after conviction Legislation Cited: Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Criminal Appeal Act 1912 (NSW) Cases Cited: Carter v R [2019] NSWCCA 11 Masters v R [2022] NSWCCA 228 R v Abou-Chabake [2004] NSWCCA 356 Texts Cited: Nil Category: Principal judgment Parties: Jordan Miller (Applicant) Rex (Crown) (Respondent) Representation: Counsel: R Wilson SC (Applicant) G Newton SC and J Styles (Respondent)