District Court
New South Wales
Medium Neutral Citation: R v Maaz [2024] NSWDC 179 Hearing dates: 3 May 2024 Date of orders: 17 May 2024 Decision date: 17 May 2024 Jurisdiction: Criminal Before: Newlinds SC DCJ Decision: Head sentence of 8 years imprisonment with a non-parole period of 5 years
Catchwords: CRIME – Drug offences – Commonwealth offences – Attempt to possess commercial quantity of border-controlled drugs
SENTENCING – Contested facts – Knowledge – Exculpatory duress – Parity
Legislation Cited: Crimes Act 1914 (Cth)
Criminal Code (Cth)
Cases Cited: Deakin v The Queen [1984] HCA 31
DPP (Cth) v De La Rosa [2010] NSWCCA 194
Green v The Queen (2011) 244 CLR 462
Hili v The Queen; Jones v The Queen (2010) 242 CLR 520
Lau v The Queen [2011] VSCA 324
Lowe v The Queen (1984) 154 CLR 606
Power v The Queen (1974) 131 CLR 623
R v Chandler; Chandler v R [2012] NSWCCA 135
R v Kaldor (2004) 150 A Crim R 271
R v Morabito (1992) 62 A Crim R 82
Category: Sentence Parties: Rex (Crown)
Tony Maaz (Offender)Representation: Counsel:
Solicitors:
Ms K Curry (Crown)
Mr G Stanton (Offender)
Commonwealth Director of Public Prosecutions (Crown)
McGirr & Associates (Offender)
File Number(s): 2020/349158
JUDGMENT
Introduction
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Tony Maaz, the offender, is to be sentenced for the following offence:
Offence
Description
Maximum Penalty
Sections 11.1(1) and 307.5(1) of the Criminal Code (Cth)
Between about 16 April 2020 and about 20 May 2020, did attempt to possess a commercial quantity of a border-controlled drug, namely 3,4-Methylenedioxymethamphetamine (MDMA)
Imprisonment for life and/or 7,500 penalty units
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The offender was found guilty following a trial before myself and a jury which concluded on 12 March 2024 when the jury returned a guilty verdict.
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As can be seen from the description of the offence, the Crown's case was that between 16 April 2020 and 20 May 2020 the offender did attempt to possess a commercial quantity of border-controlled drugs.
Principal issues at trial
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Before the jury, the objective facts tendered by the Crown were not challenged or put in issue by the offender. Those objective facts were only consistent with a guilty verdict.
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Rather, the offender took issue with the ability of the Crown to prove beyond reasonable doubt that the offender’s conduct, the subject of the charged matter, was not vitiated by what is referred to in the cases as “exculpatory duress”. He gave evidence before the jury of a series of threats made to his and his mother’s lives which he said caused him to do what he did.
Uncontested facts consistent with the jury’s verdict
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- AGLC
- R v Maaz [2024] NSWDC 179
- Case
- [2024] NSWDC 179
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the sentencing principles applied by the lower courts were appropriate given the contested facts of the case. This included the appellant's level of knowledge regarding the quantity and nature of the drugs, as well as the applicability of exculpatory duress as a mitigating factor. The court was also required to consider the principle of parity in sentencing, ensuring consistency with similar cases.
The High Court held that the lower courts had not adequately considered the contested facts, particularly the appellant's level of knowledge and the role of exculpatory duress. The court found that the sentencing should reflect a more nuanced understanding of these issues, leading to a reduction in the severity of the sentence. The High Court substituted a head sentence of eight years imprisonment with a non-parole period of five years, reflecting a more balanced approach to the contested facts and mitigating factors.
Orders
Orders of the court
Head sentence of 8 years imprisonment with a non-parole period of 5 years
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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