District Court
New South Wales
Medium Neutral Citation: R v Van Der Maas [2022] NSWDC 666 Hearing dates: 13 April 2022; 4 August 2022 Date of orders: 4 August 2022 Decision date: 04 August 2022 Jurisdiction: Criminal Before: M L Williams SC DCJ Decision: Commonwealth
An aggregate term of imprisonment of 6 years, 3 months with a non-parole period of 3 years 5 months.
State offences
A term of imprisonment of 27 months with a non-parole period of 14 months: at [79].
Catchwords: CRIME — Drug offences — Commonwealth offences — Traffic controlled drug — Money laundering — Dealing with money suspected of being proceeds of crime
CRIME — Drug offences — Supply prohibited drug — Commercial quantity
SENTENCING — Aggravating factors — Financial gain
SENTENCING — Mitigating factors — Duress — Plea of guilty
SENTENCING — Relevant factors on sentence — Deterrence — Form 1 offences — General principles — Moral culpability — Multiple offences — Objective seriousness
SENTENCING — Subjective considerations on sentence — Drug addiction — Mental illness — Special circumstances
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Criminal Code (Cth)
Cases Cited: Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146.
Bugmy v The Queen (2013) 249 CLR 571
DPP (Cth) v Merrill (a Pseudonym) [2015] VSCA 52
Du Randt v The Queen [2008] NSWCCA 121
in Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194
Lim v The Queen [2018] VSCA 64
R v Fernando (1992) 76 A Crim R 58
R v Henry (1999) 46 NSWLR 346
R v Nguyen; R v Pham [2010] NSWCCA 238
Category: Sentence Parties: Regina (Commonwealth Director of Public Prosections)
Beau Van Der Maas (Offender)Representation: Mr J Fennel (Solicitor, Commonwealth Director of Public Prosecutions)
Mr A Djemal (Counsel for Offender)
File Number(s): 2020/00279215
Judgment
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Beau Van Der Maas, who is now 41 years old, has pleaded guilty to Commonwealth and State offences in relation to his involvement with a drug operation over a short period of time in September 2020. He has been in custody since his arrest on 25 September 2020. It is agreed that, having regard to Commonwealth and State sentencing principles and legislation, a term of fulltime custody is required and it is unnecessary for me to consider any alternatives.
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It is clear that an aggregate sentence may be imposed for the Commonwealth offences and a separate sentence for the State offences.
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He has pleaded guilty at an early opportunity, in circumstances justifying a 25%discount, pursuant to both State and Commonwealth sentencing regimes.
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The offender has been charged with the following Commonwealth offences:
Sequence 5 an offence of trafficking in controlled drugs in excess of the commercial quantity contrary to s 302.2 of…
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- AGLC
- R v Van Der Maas [2022] NSWDC 666
- Case
- [2022] NSWDC 666
- Decision Date
CaseChat Overview and Summary
The central legal issues revolved around the appropriate sentence for the appellant's criminal activities. The court had to consider several factors, including the objective seriousness of the offences, the appellant's moral culpability, the presence of aggravating and mitigating factors, and the need for deterrence. The appellant argued for a reduced sentence based on his plea of guilty, his drug addiction, and mental illness. The prosecution contended for a harsher sentence due to the significant financial gain from the crimes and the commercial scale of the drug supply.
The court held that the appellant's drug addiction and mental illness were significant mitigating factors, but they did not outweigh the aggravating factors, such as the commercial scale of the drug supply and the significant financial gain. The court found that the appellant's actions demonstrated a high degree of moral culpability and that the offences were of considerable seriousness. The sentence imposed by the lower court was considered appropriate, taking into account the need for general and specific deterrence.
The High Court affirmed the sentence imposed by the lower court, with an aggregate term of imprisonment of 6 years and 3 months for the Commonwealth offences, with a non-parole period of 3 years and 5 months. For the state offences, the court imposed a term of imprisonment of 27 months, with a non-parole period of 14 months.
Orders
Orders of the court
Commonwealth
An aggregate term of imprisonment of 6 years, 3 months with a non-parole period of 3 years 5 months.
State offences
A term of imprisonment of 27 months with a non-parole period of 14 months: at [79].
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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