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Court of Criminal Appeal 17 July 2001

R v Miles

[2001] NSWCCA 274

DrugsTheft & property

Citation: R v Miles [2001] NSWCCA 274
Court: NSW Court of Criminal Appeal
Date: 17 July 2001
Judge(s): Hodgson JA, Mathews AJA, Studdert J

Background

The respondent, a 22-year-old man, pleaded guilty in the District Court to 33 offences including 30 counts of break, enter and steal, two counts of break and enter with intent, and one count of attempted break and enter with intent. The offences were committed across the Sydney metropolitan area over approximately three months in 2000, involved forced entry into private homes, and resulted in the theft of property valued at no less than $88,000. Nineteen of the offences were committed while the respondent was on bail.

The offending was linked to heroin addiction that the respondent had developed in his late teens. Following his arrest, he underwent a rapid naltrexone detoxification procedure in August 2000 and commenced a structured rehabilitation programme under medical supervision, funded by his parents and conducted from the family home in Rozelle.

When the matter came before Acting Judge Woods in the District Court in December 2000, his Honour adjourned the sentencing proceedings to 23 November 2001 under s 11(1) of the Crimes (Sentencing Procedure) Act 1999, granting bail on strict conditions that included residential, supervision, counselling, urine testing, and naltrexone treatment requirements. The Crown appealed that adjournment order.

  • Whether Acting Judge Woods erred in adjourning sentencing proceedings under s 11(1) of the Crimes (Sentencing Procedure) Act 1999 rather than proceeding to sentence
  • Whether the circumstances of the case justified the exercise of the discretion to defer sentencing to allow rehabilitation to continue
  • Whether the Court of Criminal Appeal should intervene in the exercise of that discretion, taking into account the respondent's conduct since the adjournment was granted

Decision

Studdert J, with whom Hodgson JA and Mathews AJA agreed, dismissed the Crown's appeal. The Court considered the respondent's offending history, the seriousness of the offences, and the circumstances of the rehabilitation programme in assessing whether the adjournment was a proper exercise of discretion.

The Court placed significant weight on the medical evidence before the District Court. Dr Gray's reports, based on multiple consultations, concluded that imprisonment would be detrimental to the respondent's drug rehabilitation and mental health, and that the fear of imprisonment had been the primary driver of his compliance. Mr Sorensen of the Phoenix Group confirmed the respondent had progressed well and was complying with his medication regime, as verified by pathology results.

The Court also took into account material placed before it concerning the respondent's conduct in the seven months since the adjournment. This included evidence of regular employment, a favourable employer reference, and a further report from Dr Gray confirming thirteen consultations in 2001 and a presentation free from signs of intoxication on each occasion. Dr Gray's prognosis was described as "very favourable." The Court noted, however, that a reference to some consumption of marijuana and cocaine in Dr Gray's most recent report was a matter the sentencing judge would be expected to take seriously.

Weighing the seriousness of the offending against the progress made and the medical evidence, the Court found no basis to intervene. It concluded that the respondent should be permitted to remain on bail until the appointed sentencing date, on condition of strict compliance with the existing bail conditions.

Orders Made

  • Crown appeal dismissed
  • Matter remitted to the District Court for hearing on 23 November 2001
  • Existing bail conditions to continue in the interim

Key Takeaways

  • Under s 11(1) of the Crimes (Sentencing Procedure) Act 1999, a sentencing court has discretion to adjourn proceedings to allow an offender to undertake rehabilitation before sentence is imposed; the Court of Criminal Appeal confirmed that discretion was lawfully exercised here.
  • In dismissing the appeal, the Court treated evidence of post-adjournment conduct, including continued employment, ongoing medical treatment, and favourable clinical reports, as a legitimate consideration in the exercise of its own discretion whether to intervene.
  • Strong, detailed medical evidence linking the continuation of a rehabilitation programme to prospects of long-term recovery can support a decision to defer sentencing, even where the underlying offending is serious and extensive.
  • The Court explicitly flagged that any drug use by the respondent during the adjournment period would be a matter the sentencing judge should view seriously, illustrating that adjournments under s 11(1) carry ongoing obligations that will be scrutinised at the eventual sentencing hearing.
  • No error was established in the District Court's decision to prioritise supervised rehabilitation over immediate custodial sentencing, where the offender had complied strictly with demanding bail conditions over a sustained period.

Legislation and Cases Referenced

Legislation:
- Criminal Appeal Act (NSW), s 5D
- Crimes (Sentencing Procedure) Act 1999 (NSW), s 11(1), s 9(1)
- Drug Court Act (NSW)

Cases:
- R v Tindall & Gunton (1993) 74 ACrimR 275
- Attorney General's Application No. 1; R v Ponfield & Ors (1999) 48 NSWLR 327
- 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