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R (Cth) v Daniel Peter Mead

R (Cth) v Daniel Peter Mead

Case [2017] NSWDC 1 18 January 2017

Intentional Importation of Prohibited Goods

Dealing with Proceeds of Crime

Use of False Identity

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District Court

New South Wales

Medium Neutral Citation: R (Cth) v Daniel Peter MEAD [2017] NSWDC 1
Hearing dates: 15 December 2016
Date of orders: 18 January 2017
Decision date: 18 January 2017
Jurisdiction: Criminal
Before: Judge A Haesler SC
Decision:
2015/203145 - CAN H585935538 (“CAN B”) STATE
001 Manufacture prohibited drug – I indicate a sentence of 1 year 1 month. Taken into account on a Form 1 - 002 Possess tablet press or drug encapsulator
003 Possess prohibited drug – I indicate a sentence of 1 month. Taken into account on a Form 1 - 009 Possess prohibited drug
004 Deal with property suspected proceeds of crime – I indicate a sentence 5 months.
005 Make, possess equipment etc to make false document – I indicate a sentence of 9 months. Taken into account on a Form 1 - 006 Possess equipment etc make id
007 Supply prohibited drug >small & <=indictable quantity – I indicate a sentence of 9 months.
011 Deal with identity info– I indicate a sentence of 1 month.
The indicative sentences reflect a finding of special circumstances. Having considered issues of accumulation, concurrency and totality, you are convicted and sentenced to an aggregate fixed term of imprisonment of 1 year 6 months. That term is to commence on 10 July 2015 and expire on 9 January 2017.
2015/4876 CAN H56243252 (“CAN A”) - COMMONWEALTH
004 Intentionally import prohibited tier 1 goods w/o approval including on S 16BA schedule x 3 sequences - You are convicted and sentenced to a term of imprisonment of 2 years 3 months, to commence on 10 June 2016 and to expire on 9 September 2018.
Taken into account on S 16BA schedule:
- 001 Intentionally import prohibited tier 1 goods w/o approval
- 002 Intentionally import prohibited tier 1 goods w/o approval
- 003 Intentionally import prohibited tier 1 goods w/o approval
005 Intentionally import prohibited tier 1 goods w/o approval - You are convicted and sentenced to a term of imprisonment of 1 year 6 months, to commence on 10 February 2016 and to expire on 9 August 2017.
006 Import border controlled drug, no commercial intent including 1 sequence on S 16BA schedule - You are convicted and sentenced to a term of imprisonment of 3 months, to commence on 10 January 2016 and to expire on 9 April 2016
Taken into account on S 16BA schedule:
- 007 Import border controlled drug, no commercial intent
008 Deal with proceeds of crime- You are convicted and sentenced to a term of imprisonment of 1 year 10 months, to commence on 10 May 2017 and to expire on 9 March 2019.
009 Produce false/misleading document to specified person/entity - You are convicted and sentenced to a term of imprisonment of 1 year 1 month, to commence on 10 August 2017 and to expire on 9 September 2018.
010 Use false customer name to receive service - You are convicted and sentenced to a term of imprisonment of…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R (Cth) v Daniel Peter Mead

Details

AGLC: R (Cth) v Daniel Peter Mead [2017] NSWDC 1
Case: [2017] NSWDC 1
Decision Date: 18 January 2017

CaseChat Overview and Summary

In the case of R (Cth) v Daniel Peter Mead, the accused was found guilty of various drug-related and associated criminal activities. The central dispute involved the importation of anabolic steroids from China and the subsequent manufacture and distribution of these substances within Australia. The case was heard in the Federal Court of Australia, where the defendant's activities were subjected to rigorous legal scrutiny.

The primary legal issues before the court included the interpretation and application of the Commonwealth's drug importation laws, specifically the Customs Act 1901 and the Border Control Act 1982. The court had to determine whether the defendant's actions constituted the importation of prohibited goods and the manufacture and supply of prohibited drugs. Additionally, the court considered the use of false identities and encrypted transactions, which the defendant employed to evade detection.

The court's reasoning was grounded in the extensive evidence presented, which detailed the defendant's sophisticated use of the dark net, Bitcoin transactions, and false identities to import and distribute anabolic steroids. The court found that the defendant's actions were deliberate and repetitive, involving multiple importations and sales of prohibited substances. The court also highlighted the defendant's efforts to manufacture false licenses and documents, further compounding the severity of the crimes. In sentencing, the court emphasized the objective seriousness of the offences, taking into account the accumulation of charges, their concurrency, and the need for just punishment and community protection.

In its final orders, the court imposed substantial prison sentences for various charges, with specific terms for each offence and overall sentences reflecting the gravity of the defendant's actions. The sentences were also influenced by the special circumstances of the case, including the defendant's use of sophisticated methods to avoid detection. Additionally, the court ordered the forfeiture of certain properties and the destruction of the drugs involved, further ensuring that the defendant could not profit from or continue his illegal activities.

Orders

Orders of the court

2015/203145 - CAN H585935538 (“CAN B”) STATE

001 Manufacture prohibited drug – I indicate a sentence of 1 year 1 month. Taken into account on a Form 1 - 002 Possess tablet press or drug encapsulator

003 Possess prohibited drug – I indicate a sentence of 1 month. Taken into account on a Form 1 - 009 Possess prohibited drug

004 Deal with property suspected proceeds of crime – I indicate a sentence 5 months.

005 Make, possess equipment etc to make false document – I indicate a sentence of 9 months. Taken into account on a Form 1 - 006 Possess equipment etc make id

007 Supply prohibited drug >small & 011 Deal with identity in

The indicative sentences reflect a finding of special circumstances. Having considered issues of accumulation, concurrency and totality, you are convicted and sentenced to an aggregate fixed term of imprisonment of 1 year 6 months. That term is to commence on 10 July 2015 and expire on 9 January 2017.

2015/4876 CAN H56243252 (“CAN A”) - COMMONWEALTH

004 Intentionally import prohibited tier 1 goods w/o approval including on S 16BA schedule x 3 sequences - You are convicted and sentenced to a term of imprisonment of 2 years 3 months, to commence on 10 June 2016 and to expire on 9 September 2018.

Taken into account on S 16BA schedule:

- 001 Intentionally import prohibited tier 1 goods w/o approval

- 002 Intentionally import prohibited tier 1 goods w/o approval

- 003 Intentionally import prohibited tier 1 goods w/o approval

005 Intentionally import prohibited tier 1 goods w/o approval - You are convicted and sentenced to a term of imprisonment of 1 year 6 months, to commence on 10 February 2016 and to expire on 9 August 2017.

006 Import border controlled drug, no commercial intent including 1 sequence on S 16BA schedule - You are convicted and sentenced to a term of imprisonment of 3 months, to commence on 10 January 2016 and to expire on 9 April 2016

Taken into account on S 16BA schedule:

- 007 Import border controlled drug, no commercial intent

008 Deal with proceeds of crime- You are convicted and sentenced to a term of imprisonment of 1 year 10 months, to commence on 10 May 2017 and to expire on 9 March 2019.

009 Produce false/misleading document to specified person/entity - You are convicted and sentenced to a term of imprisonment of 1 year 1 month, to commence on 10 August 2017 and to expire on 9 September 2018.

010 Use false customer name to receive service - You are convicted and sentenced to a term of imprisonment of 3 months, to commence on 10 May 2017 and to expire on 9 August 2017.

Total Commonwealth term of imprisonment is 3 years 2 months. Sentence is to commence on 10 January 2016. I fix a non parole period of 1 year 4 months to expire on 9 May 2017, on which date, subject to s 19AL Crimes Act 1914, you are to be released on parole.

Total effective sentence is 3 years 8 months. Total effective non-parole period is 1 year 10 months.

Drug destruction order.

Short minutes of Order granted pursuant to s 3ZQZB ss4(d) Crimes Act 1914 (Cth), with exception of a STAY on Items 003/004 until 18/3/17, property in Schedule 2 to be forfeited to the Commonwealth.

Short minutes of Order granted pursuant to ss 48(2)(d) Proceeds of Crime Act 2002 (Cth), property in Schedule 2 to be forfeited to the Commonwealth.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Citations

AGLC Citation

R (Cth) v Daniel Peter Mead [2017] NSWDC 1

Most Recent Citation

R v Azabal [2019] NSWDC 523

Cases citing this decision · 1 of 1 shown

R v Azabal
[2019] NSWDC 523

…en Thomas [2017] VCC 1060 R v Jewel Griffiths (Western Australia District Court, Judge Burrows, 8 February 2019) R v Mead [2017] NSWDC 1 Siwek [2017] NSWCCA 178. Tran v Western Australia [2019] WASCA 50 Category: Sentence Parties: Michael Richard Azabal (the offender) Director of Public Prosecutions - NSW Directo…

View all 1 citing cases →

Cases cited in this decision · 16 of 16 shown

Nguyen v The Queen
[2020] HCA 23 Para 57

…the offences are discrete and separate: R v MAK [2006] NSWCCA 381; (2006) 167 A Crim R 159 at 164-165 [18] cited with approval in Nguyen v The Queen (2016) 256 CLR 656.…
Nguyen v The Queen
[2016] HCA 17 Para 57

…rticularly so where the offences are discrete and separate: R v MAK [2006] NSWCCA 381; (2006) 167 A Crim R 159 at 164-165 [18] cited with approval in Nguyen v The Queen (2016) 256 CLR 656.…
R v Pham
[2015] HCA 39 Para 76

…ntial head sentence of fulltime imprisonment is the only appropriate sentence. She noted what fell from Justices Bell and Gageler in The Queen v Pham [2015] HCA 39 at [43] about statistics and other cases but conceded here the facts and charges were sufficiently novel for there to be no available comparables.…
Abbas, Bodiotis, Taleb and Amoun v R
[2013] NSWCCA 115 Para 35

…iate penalty for the offence to which they relate: Attorney General's Application No. 1: (2002) 56 NSWLR 146 and Abbas, Bodiotis, Taleb and Amoun v R [2013] NSWCCA 115, Bathurst CJ at [22] and Dennison [2011] NSWCCA 114. I will do so but I do not "in any sense" impose sentences for that offence: Attorney General's A…
R v Dennison
[2011] NSWCCA 114 Para 35

…ttorney General's Application No. 1: (2002) 56 NSWLR 146 and Abbas, Bodiotis, Taleb and Amoun v R [2013] NSWCCA 115, Bathurst CJ at [22] and Dennison [2011] NSWCCA 114. I will do so but I do not "in any sense" impose sentences for that offence: Attorney General's Application No. 1 at [68.]. The court does so as part…
Nahlous v The Queen
[2010] NSWCCA 58 Para 58

…are separate offences. I note the practice of charging both the predicate offence and the money laundering offences has been criticised: see Nahlous [2010] NSWCCA 58 and Thorn [2009] NSWCCA 610. However, as the prosecution submit, the charges here were preferred in order "to reflect the whole of the criminality an…
R v MAK
[2006] NSWCCA 381 Para 57

…ncing courts avoid any suggestion of a discount for multiple offending. This is particularly so where the offences are discrete and separate: R v MAK [2006] NSWCCA 381; (2006) 167 A Crim R 159 at 164-165 [18] cited with approval in Nguyen v The Queen (2016) 256 CLR 656.…
Markarian v The Queen
[2005] HCA 25 Para 35

…lication No. 1 at [68.]. The court does so as part of the instinctive synthesis approach to sentencing explained by McHugh J in Markarian v The Queen (2005) 228 CLR 357 at [51] - [54].…
Johnson v The Queen
[2004] HCA 15 Para 55

…e flexibility in determining the appropriate sentences and their structure: Markarian v The Queen (2005) 228 CLR 357 at 371 [27]; Johnson v The Queen [2004] HCA 15; (2004) 78 ALJR 616 at 624 [26]. The total criminality constituted by the offending could not be comprehended by one sentence. There is no principal…
Re Attorney-General's Application (No 1 of 2002) (NSW)
[2002] NSWCCA 518 Para 35

…(Sentencing Procedure) Act 1999 when I determine the appropriate penalty for the offence to which they relate: Attorney General's Application No. 1: (2002) 56 NSWLR 146 and Abbas, Bodiotis, Taleb and Amoun v R [2013] NSWCCA 115, Bathurst CJ at [22] and Dennison [2011] NSWCCA 114. I will do so but I do not "in any sen…
R v Blackman and Walters
[2001] NSWCCA 121 Para 66

…f and it assumes particular importance in the case of first offenders and others who have not developed settled criminal habits: Blackman and Walters [2001] NSWCCA 121.…
Pearce v The Queen
[1998] HCA 57 Para 56

…he same unlawful act an offender is not to be punished twice for the commission of an element that was common to the two offences: Pearce v The Queen (1998) 194 CLR 610 at 623, [40]. Where offences have different elements but the offender's liability for both is inextricably linked it is open to impose wholly concurr…
Bugmy v The Queen
[1990] HCA 18 Para 61

…portionate relation to the crime. Generally speaking, the perceived prospects of rehabilitation will make a significant difference: Bugmy v The Queen [1990] HCA 18; (1990) 169 CLR 525 at [20].…
Mill v The Queen
[1988] HCA 70 Para 55

…and to structure the sentences such that the overall sentence is just and appropriate to the totality of Mead's offending behaviour: Mill v The Queen (1988) 166 CLR 59 at 62-63. The number and nature of the matters for sentence requires some flexibility in determining the appropriate sentences and their structure: M…
Power v The Queen
[1974] HCA 26 Para 61

…The non-parole period is the minimum period of imprisonment to be served that I consider that the crimes committed call for: Power v The Queen (1974) 131 CLR 623 at 628. The nature of the offending does not assume the importance which it has when the head sentence is determined. There, the sentence must be proportion…
[2009] NSWCCA 610
[2009] NSWCCA 610 Para 58

…ote the practice of charging both the predicate offence and the money laundering offences has been criticised: see Nahlous [2010] NSWCCA 58 and Thorn [2009] NSWCCA 610. However, as the prosecution submit, the charges here were preferred in order "to reflect the whole of the criminality and adequately represent the n…

Legislation cited in this decision · 9

Crimes Act 1914 (Cth)
2 mentions (from Para 35)
Customs Regulations 1926 (Cth)
2 mentions (from Para 41)
Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth)
1 mention
Crimes (Sentencing Procedure) Act 1999 (NSW)
1 mention (from Para 35)
Crimes Act 1900 (ACT)
1 mention
Customs (Prohibited Imports) Regulations 1956 (Cth)
1 mention (from Para 41)
Customs Act 1901 (Cth)
1 mention (from Para 9)
Drug Misuse and Trafficking Act 1985 (NSW)
1 mention
Proceeds of Crime Act 2002 (Cth)
1 mention (from Para 102)

Medium Neutral Citation:	R (Cth) v Daniel Peter MEAD [2017] NSWDC 1
Hearing dates:	15 December 2016
Date of orders:	18 January 2017
Decision date:	18 January 2017
Jurisdiction:	Criminal
Before:	Judge A Haesler SC
Decision:	2015/203145 - CAN H585935538 (“CAN B”) STATE 001 Manufacture prohibited drug – I indicate a sentence of 1 year 1 month. Taken into account on a Form 1 - 002 Possess tablet press or drug encapsulator 003 Possess prohibited drug – I indicate a sentence of 1 month. Taken into account on a Form 1 - 009 Possess prohibited drug 004 Deal with property suspected proceeds of crime – I indicate a sentence 5 months. 005 Make, possess equipment etc to make false document – I indicate a sentence of 9 months. Taken into account on a Form 1 - 006 Possess equipment etc make id 007 Supply prohibited drug >small & <=indictable quantity – I indicate a sentence of 9 months. 011 Deal with identity info– I indicate a sentence of 1 month. The indicative sentences reflect a finding of special circumstances. Having considered issues of accumulation, concurrency and totality, you are convicted and sentenced to an aggregate fixed term of imprisonment of 1 year 6 months. That term is to commence on 10 July 2015 and expire on 9 January 2017. 2015/4876 CAN H56243252 (“CAN A”) - COMMONWEALTH 004 Intentionally import prohibited tier 1 goods w/o approval including on S 16BA schedule x 3 sequences - You are convicted and sentenced to a term of imprisonment of 2 years 3 months, to commence on 10 June 2016 and to expire on 9 September 2018. Taken into account on S 16BA schedule: - 001 Intentionally import prohibited tier 1 goods w/o approval - 002 Intentionally import prohibited tier 1 goods w/o approval - 003 Intentionally import prohibited tier 1 goods w/o approval 005 Intentionally import prohibited tier 1 goods w/o approval - You are convicted and sentenced to a term of imprisonment of 1 year 6 months, to commence on 10 February 2016 and to expire on 9 August 2017. 006 Import border controlled drug, no commercial intent including 1 sequence on S 16BA schedule - You are convicted and sentenced to a term of imprisonment of 3 months, to commence on 10 January 2016 and to expire on 9 April 2016 Taken into account on S 16BA schedule: - 007 Import border controlled drug, no commercial intent 008 Deal with proceeds of crime- You are convicted and sentenced to a term of imprisonment of 1 year 10 months, to commence on 10 May 2017 and to expire on 9 March 2019. 009 Produce false/misleading document to specified person/entity - You are convicted and sentenced to a term of imprisonment of 1 year 1 month, to commence on 10 August 2017 and to expire on 9 September 2018. 010 Use false customer name to receive service - You are convicted and sentenced to a term of imprisonment of…