Jeffrey Miles
Encyclopedia
Jeffrey Allan Miles AO
LLM BA (born 20 March 1935) is an Australian author and jurist. He is a former chief justice of the Australian Capital Territory
. He has also held judicial appointments in New South Wales and Papua New Guinea
. In 2005 he conducted an inquiry into the fitness to be tried of David Eastman
who had been convicted of murdering Australian policeman Colin Winchester
. In 2008, he was elected President of the Australian Capital Territory Branch of the International Commission of Jurists.
, New South Wales
, the son of James Albert Miles and Dora Jessie Miles.
He attended Newcastle Boys High School and matriculated to the University of Sydney
.
and practised until 1965. In 1965 he was admitted to the bar in both New South Wales and the Northern Territory. In 1978 he was appointed a Public Defender
in New South Wales. Miles continued to practise as a barrister until 1980 when he was appointed to the judiciary.
In 1980 he was appointed judge to the National Court of Papua New Guinea. He worked as a judge there until 1982. In that year, he was appointed to the Supreme Court of New South Wales
.
In 1985 he appointed Chief Justice of the Australian Capital Territory. He was appointed concurrently to the Federal Court of Australia
. He continued as a judge in both the Federal Court and the Supreme Court of the Australian Capital Territory
until his early retirement in 2002.
Following his retirement, Miles continued his work in the law, being appointed both an acting judge in the Supreme Courts of both New South Wales and in the Australian Capital Territory – appointments he held until 2005. In 2005, he agreed to sit on the Law Council of Australia’s Human Rights Observer Panel. He also chaired the Torres Strait Fisheries Assessment Advisory Panel in 2006 and 2007.
Miles dealt with a claim for compensation for injuries suffered by a female complainant slipping on the floor at a supermarket. The complainant, aged 58, alleged that she had been deprived from potentially earning an income as a prostitute at a brothel. The complainant produced a number of young men who were prepared to testify that they were disappointed that the complainant had not been available as a prostitute. Miles declined to award any damages.
Miles led an inquiry into the fitness to be tried of David Harold Eastman. Eastman had been sentenced to life imprisonment for the shooting of Colin Winchester, an Assistant Commissioner of Police
, outside his Canberra
home in 1989. Eastman had earlier lost appeals to the Federal Court and the High Court of Australia
from his conviction . After hearing evidence at the inquiry for over two years, Miles presented his report to the Australian Capital Territory Government. He concluded that Eastman was fit to plead to the indictment.
In 2003, he was awarded the Centenary Medal
.
He under went major heart surgery in 1995.
Order of Australia
The Order of Australia is an order of chivalry established on 14 February 1975 by Elizabeth II, Queen of Australia, "for the purpose of according recognition to Australian citizens and other persons for achievement or for meritorious service"...
LLM BA (born 20 March 1935) is an Australian author and jurist. He is a former chief justice of the Australian Capital Territory
Supreme Court of the Australian Capital Territory
The Supreme Court of the Australian Capital Territory is the superior court for the ACT. It has unlimited jurisdiction within the territory in civil matters , and hears the most serious criminal matters...
. He has also held judicial appointments in New South Wales and Papua New Guinea
Papua New Guinea
Papua New Guinea , officially the Independent State of Papua New Guinea, is a country in Oceania, occupying the eastern half of the island of New Guinea and numerous offshore islands...
. In 2005 he conducted an inquiry into the fitness to be tried of David Eastman
David Eastman
David Harold Eastman is a former public servant from Canberra, Australia. In 1995 he was convicted of the murder of Australian Federal Police Assistant Commissioner Colin Winchester. On 10 January 1989, Eastman shot Winchester twice in the head at point blank range in the driveway of Winchester's...
who had been convicted of murdering Australian policeman Colin Winchester
Colin Winchester
Colin Stanley Winchester APM, was an Assistant Commissioner in the Australian Federal Police . Winchester commanded ACT Police, the community policing component of the AFP Australian Federal Police responsible for the Australian Capital Territory.On 10 January 1989, at about 9:15 pm, he was...
. In 2008, he was elected President of the Australian Capital Territory Branch of the International Commission of Jurists.
Early years
Jeffrey Allan Miles was born 20 March 1935 in NewcastleNewcastle, New South Wales
The Newcastle metropolitan area is the second most populated area in the Australian state of New South Wales and includes most of the Newcastle and Lake Macquarie Local Government Areas...
, New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
, the son of James Albert Miles and Dora Jessie Miles.
He attended Newcastle Boys High School and matriculated to the University of Sydney
University of Sydney
The University of Sydney is a public university located in Sydney, New South Wales. The main campus spreads across the suburbs of Camperdown and Darlington on the southwestern outskirts of the Sydney CBD. Founded in 1850, it is the oldest university in Australia and Oceania...
.
Career
In 1958 he was admitted as a solicitor of the Supreme Court of New South WalesSupreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales...
and practised until 1965. In 1965 he was admitted to the bar in both New South Wales and the Northern Territory. In 1978 he was appointed a Public Defender
Public defender
The term public defender is primarily used to refer to a criminal defense lawyer appointed to represent people charged with a crime but who cannot afford to hire an attorney in the United States and Brazil. The term is also applied to some ombudsman offices, for example in Jamaica, and is one way...
in New South Wales. Miles continued to practise as a barrister until 1980 when he was appointed to the judiciary.
In 1980 he was appointed judge to the National Court of Papua New Guinea. He worked as a judge there until 1982. In that year, he was appointed to the Supreme Court of New South Wales
Supreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales...
.
In 1985 he appointed Chief Justice of the Australian Capital Territory. He was appointed concurrently to the Federal Court of Australia
Federal Court of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...
. He continued as a judge in both the Federal Court and the Supreme Court of the Australian Capital Territory
Supreme Court of the Australian Capital Territory
The Supreme Court of the Australian Capital Territory is the superior court for the ACT. It has unlimited jurisdiction within the territory in civil matters , and hears the most serious criminal matters...
until his early retirement in 2002.
Following his retirement, Miles continued his work in the law, being appointed both an acting judge in the Supreme Courts of both New South Wales and in the Australian Capital Territory – appointments he held until 2005. In 2005, he agreed to sit on the Law Council of Australia’s Human Rights Observer Panel. He also chaired the Torres Strait Fisheries Assessment Advisory Panel in 2006 and 2007.
Notable cases
Justice Miles dealt with many interesting cases during his career. An often cited and legally significant case is that of R v Hollingshed. This case involved the interpretation of Australia’s obligations under an international treaty when it had not been applied by law into Australia as affecting the treatment of a prisoner. He embarked on a full and frank discussion of the New South Wales prison system. Whilst he held that the treaty could be used to interpret the criminal law, he declined to hold that being held in “isolated protective custody” was unlawful under international obligations.Miles dealt with a claim for compensation for injuries suffered by a female complainant slipping on the floor at a supermarket. The complainant, aged 58, alleged that she had been deprived from potentially earning an income as a prostitute at a brothel. The complainant produced a number of young men who were prepared to testify that they were disappointed that the complainant had not been available as a prostitute. Miles declined to award any damages.
Miles led an inquiry into the fitness to be tried of David Harold Eastman. Eastman had been sentenced to life imprisonment for the shooting of Colin Winchester, an Assistant Commissioner of Police
Australian Capital Territory Police
ACT Policing is the portfolio of the Australian Federal Police responsible for providing policing services to the Australian Capital Territory...
, outside his Canberra
Canberra
Canberra is the capital city of Australia. With a population of over 345,000, it is Australia's largest inland city and the eighth-largest city overall. The city is located at the northern end of the Australian Capital Territory , south-west of Sydney, and north-east of Melbourne...
home in 1989. Eastman had earlier lost appeals to the Federal Court and the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
from his conviction . After hearing evidence at the inquiry for over two years, Miles presented his report to the Australian Capital Territory Government. He concluded that Eastman was fit to plead to the indictment.
Awards and honours
On 10 June 1994, he was made an Officer in the General Division of the Order of Australia for "service to the law and the community".In 2003, he was awarded the Centenary Medal
Centenary Medal
The Centenary Medal is an award created by the Australian Government in 2001. It was established to commemorate the Centenary of Federation of Australia and to honour people who have made a contribution to Australian society or government...
.
Personal life
On 15 April 1976 he married Patricia, daughter of Noel and Doreen Freebairn. They have 1 son and 1 daughter.He under went major heart surgery in 1995.
Publications
- “Bail Legislation: Objectives and Achievements” http://www.aic.gov.au/publications/proceedings/06/miles.pdf
- “The Role of the Victim in the Criminal Process: Fairness to the Victim and Fairness to the Accused” (1995) 19 Criminal Law Journal 193
- ”The Role of Judicature in the Australian Capital Territory” 1993, The Sixth Blackburn Memorial Lecture.