Citation: R v Miller (No 2) [2022] NSWSC 1347
Court: Supreme Court of New South Wales
Date: 6 October 2022
Judge: Cavanagh J
Background
Jordan Brodie Miller, aged 20, was convicted of the murder of his 18-year-old partner, Emerald Jade Wardle, on 20 June 2020 at a family property in Metford, NSW. The pair had been in a relationship for approximately two years, described as loving and caring, with no prior indication of violence or danger. Miller killed Ms Wardle by strangulation during a violent assault at around 1.00am while the two were alone at the property.
Miller did not dispute committing the physical acts that caused Ms Wardle's death. At trial, he relied on a mental health defence under s 28 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) and a defence of self-defence with excessive force under s 421 of the Crimes Act 1900 (NSW). The jury rejected both defences and returned a verdict of guilty of murder on 14 June 2022.
This judgment deals exclusively with sentencing. The murder conviction carries a maximum penalty of life imprisonment and a standard non-parole period of 20 years under the Crimes (Sentencing Procedure) Act 1999 (NSW).
Legal Issues
- What was the objective seriousness of the offending, taking into account the offender's mental state at the time?
- How should moral culpability be assessed where the offender was in a drug-induced psychotic state, even though the jury rejected the mental health defence?
- What weight should be given to the offender's subjective circumstances, including age, background, remorse, and prospects for rehabilitation?
- Whether special circumstances existed to justify a departure from the standard ratio between non-parole period and balance of term
- How the harm caused to the victim's family should be taken into account under s 30E(3) of the Sentencing Procedure Act
Decision
Cavanagh J found that while the offending was serious, the objective seriousness was reduced by the offender's mental state at the time. Although the jury rejected the mental health defence, his Honour accepted that the offender was in a drug-induced psychotic state when he killed Ms Wardle. This finding reduced the offender's moral culpability, even though it did not excuse the conduct.
The drug-induced psychosis arose from the offender's prolonged and heavy cannabis use and his consumption of LSD some 11 days before the killing. Unlike others who had taken the same LSD without apparent lasting effects, the offender suffered a prolonged adverse reaction. His Honour found that the offender had effectively lost contact with reality and was acting under a set of delusional beliefs at the time of the killing, though the precise content of those delusions remained uncertain. The sentencing court was careful not to make findings inconsistent with the jury's verdict.
On subjective matters, his Honour took into account the offender's youth, the absence of prior criminal history, genuine remorse evidenced in part by a letter written to Ms Wardle's family, and reasonable prospects for rehabilitation. The court also acknowledged the profound harm caused to Ms Wardle's family, accepting the Crown's application to take victim impact statements into account as reflecting harm done to the community.
His Honour found special circumstances warranted a longer than usual parole period, given the offender would need extended supervision and support upon release following a lengthy custodial term. The balance of term was accordingly extended beyond the standard proportion.
Orders Made
- Miller sentenced to a total term of imprisonment of 20 years
- Non-parole period of 13 years, with a balance of term of 7 years
- Sentence dated from 20 June 2020
- Eligible for parole on 19 June 2033
- Total sentence expires 19 June 2040
- Offender's solicitor directed to warn Miller of the operation of the Crimes (High Risk Offenders) Act 2006 (NSW), as required for a conviction for a "serious offence"
Key Takeaways
- A jury's rejection of a mental health defence does not preclude a sentencing court from finding, on the balance of probabilities, that the offender was in a psychotic state at the time of offending, provided those findings are not inconsistent with the verdict.
- Reduced moral culpability arising from a drug-induced psychotic state can be a significant mitigating factor in sentencing, even for the most serious offences, where the court is satisfied of that state on the evidence.
- Under s 30E(3) of the Crimes (Sentencing Procedure) Act 1999 (NSW), harm to a victim's family may be taken into account as part of the harm done to the community, but only on application by the prosecution and if the court considers it appropriate.
- Special circumstances were established where a lengthy first custodial sentence, combined with the offender's need for supervision and rehabilitation support upon release, justified extending the balance of term beyond the standard ratio.
- Consistent with established sentencing principle, the standard non-parole period of 20 years and the maximum of life imprisonment operated as guideposts rather than determinative figures, with the sentence ultimately arrived at through instinctive synthesis of all relevant factors.
Legislation and Cases Referenced
Legislation
- Crimes Act 1900 (NSW), s 421
- Crimes (High Risk Offenders) Act 2006 (NSW)
- Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 30E(3)
- Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), s 28
Cases
- Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1
- Droudis v The Queen (2020) 103 NSWLR 806; [2020] NSWCCA 322
- DS v R; DM v R [2022] NSWCCA 156
- Fuller v R [2022] NSWCCA 203
- Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45
- Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39
- R v Cadman [2019] NSWSC 634
- R v Fang (No 4) [2017] NSWSC 323
- R v Halloun [2014] NSWSC 1705
- R v Homann [2018] NSWSC 757
- R v Isaacs (1997) 41 NSWLR 374
- R v Maletsas [2022] NSWSC 712
- The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54
- Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14