Miller v R [2014] NSWCCA 34

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Miller v R [2014] NSWCCA 34 Hearing dates: 1 March 2013 Decision date: 21 March 2014 Before: Johnson J at [1] Harrison J at [444] Adamson J at [445] Decision: With respect to the conviction and sentence of the Appellant following a trial before Armitage ADCJ in 2007: (i) appeal against conviction dismissed; (ii) leave to appeal against sentence granted, but appeal dismissed. With respect to the conviction and sentence of the Appellant following a trial before Knox DCJ in 2009: (i) appeal against conviction dismissed; (ii) leave to appeal against sentence granted, but appeal dismissed. Catchwords: CRIMINAL LAW - conviction appeal - Appellant convicted in 2009 after trial by judge alone - Crown alleged Appellant falsely represented himself to be a solicitor - Appellant deceived a vulnerable victim - convicted of obtain benefit by deception (one count), obtain benefit by making false statement (three counts) and use false instrument (one count) - Appellant acquitted of further count of obtain benefit by deception - whether inconsistent verdicts in relation to obtain benefit by deception counts - whether counts alleging obtain benefit by making false statement charged offences not known to law or were bad for duplicity - whether defect in terms of use false instrument count - ground based upon suggested fresh or new evidence - all conviction grounds rejected - conviction appeal dismissed

CRIMINAL LAW - sentence appeal - whether error in use of evidence of adverse impact of offences upon victim - whether error in use made of Appellant's pretence to be solicitor - whether error in approach to theoretical prospect of summary disposal - whether error in approach to delay between arrest and sentence - whether error in approach to Appellant's claimed assistance to authorities - claim of manifest excess - objective gravity of offences - no sentence ground established - sentence appeal dismissed