Miller v R [2015] NSWCCA 206

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Miller v R [2015] NSWCCA 206 Hearing dates: 10 September 2014 Decision date: 03 August 2015 Before: Beazley P; Fullerton J; Hamill J Decision: (1) Application for leave to appeal against sentence refused;

(2) Appeal against conviction dismissed. Catchwords: CRIMINAL LAW – appeal against conviction – appellant convicted by jury of dishonestly obtaining a financial advantage by deception contrary to the Crimes Act 1900 (NSW), s 178BA(1) and using a false instrument contrary to the Crimes Act 1900 (NSW), s 300(2)

CRIMINAL LAW – appeal – where verdict alleged to be "unsafe and/or dangerous" – Criminal Appeal Act 1912 (NSW) s 6(1) – whether verdict "unreasonable, or cannot be supported, having regard to the evidence"

CRIMINAL LAW – whether trial judge erred in failing to discharge jury exposed to prejudicial evidence – whether miscarriage of justice

EVIDENCE – challenges to admissibility – Evidence Act 1995 (NSW) ss 55, 137

EVIDENCE – voice identification evidence – where witnesses participated in voice identification parade – where differences in recording of appellant's voice and recordings of sample voices were attributable to method of recording and production

EVIDENCE – visual identification evidence – where witnesses in better position than jurors to make visual comparison

EVIDENCE – expert handwriting recognition evidence – circumstantial evidence that accused wrote comparator sample documents

SENTENCING – appeal against sentence – whether non-parole period manifestly excessive – whether excessive weight placed upon principle of specific deterrence Legislation Cited: Crimes Act 1900 (NSW) Criminal Appeal Act 1912 (NSW) Criminal Appeal Rules Criminal Procedure Act 1986 (NSW) Evidence Act 1995 (NSW) Cases Cited: Alexander v The Queen [1981] HCA 17; 145 CLR 395 Crofts v R [1996] HCA 22; 186 CLR 427 Fleming v The Queen [1998] HCA 68; 197 CLR 250 Khazaal v R [2010] NSWCC 129 M v The Queen [1994] HCA 63; 181 CLR 487 Maric v R (1978) 52 ALJR 631 MFA v The Queen [2002] HCA 53; 213 CLR 606 R v Adler [2000] NSWCCA 357; 116 A Crim R 38 R v Blick [2000] NSWCCA 61; 111 A Crim R 326 R v Brownlowe (1987) 7 NSWLR 461 R v John [1975] Crim LR 456 R v Riscuta [2003] NSWCCA 6 R v Shamouil [2006] NSWCCA 112 R v Smith (1987) 7 NSWLR 444 R v Smith [2001] HCA 50; 206 CLR 650 R v XY [2013] NSWCCA 12 SKA v The Queen [2001] HCA 13; 243 CLR 400 Category: Principal judgment Parties: Damon Charles Miller (Appellant) Regina (Respondent) Representation: Counsel: L Tyndall (Appellant) G Rowling (Respondent