R v Miles [2001] NSWCCA 274

New South Wales Court of Criminal Appeal

CITATION : R v Miles [2001] NSWCCA 274 FILE NUMBER(S) : CCA 60012/01 HEARING DATE(S) : 12 July 2001 JUDGMENT DATE : 17 July 2001

PARTIES : Regina v David John Thomas Miles JUDGMENT OF : Hodgson JA at 1; Mathews AJA at 2; Studdert J at 3

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/11/0885 LOWER COURT JUDICIAL Woods ADCJ OFFICER :

COUNSEL : C. Maxwell QC (Crown) T. Game SC (Respondent) SOLICITORS : S.E. O'Connor (Crown) Brezniak Neil-Smith & Co. (Respondent)

Criminal Appeal Act LEGISLATION CITED : Crimes (Sentencing Procedure) Act Drug Court Act R v Tindall & Gunton (1993) 74 ACrimR 275 Attorney General's Application No. 1; R v Ponfield & Ors (1999) 48 NSWLR 327 CASES CITED: R v Griggs 111 ACrimR 233 R v Wilton (1981) 28 SASR 362 R v Allpass (1994) 72 ACrimR 561 Everett v The Queen (1994) 181 CLR 295 DECISION : Crown appeal dismissed. Remitted to the District Court for hearing on 23 November 2001. Bail conditions to continue in the interim.

IN THE COURT OF CRIMINAL APPEAL

60012/01

HODGSON JA MATHEWS AJA STUDDERT J

Tuesday 17 July 2001

REGINA v DAVID JOHN MILES

JUDGMENT

1 HODGSON JA: I agree with Studdert J. 2 MATHEWS AJA: I agree with Studdert J. 3 STUDDERT J: This is an appeal by the Crown pursuant to s 5D of the Criminal Appeal Act against an order made by his Honour Acting Judge Woods in the District Court at Sydney pursuant to s 11(1) of the Crimes (Sentencing Procedure) Act 1999. 4 The respondent to the appeal pleaded guilty at the Downing Centre Local Court to thirty counts of break enter and steal, two counts of break and enter with intent to commit an offence and to one count of attempt to break and enter with intent to commit an offence. In respect of these matters the respondent was committed for sentence to the District Court and in that court on 16 November 2000 he adhered to the pleas previously entered. 5 The matters came before his Honour Acting Judge Woods on 15 December 2000 and, having heard evidence from the respondent and his father, his Honour adjourned the proceedings until 23 November 2001 pursuant to s 11(1) of the Crimes (Sentencing Procedure) Act. The respondent was granted bail on these conditions: