R v Vandermade

The case of R v Vandermade was heard in the Supreme Court of New South Wales. The defendant, Vandermade, was charged with shooting at another person with intent to murder. The dispute centred on whether the defendant acted with the requisite intent and whether the prosecution could prove the offence beyond a reasonable doubt. The court was required to determine the appropriate sentence if the defendant was found guilty.

The primary legal issues involved interpreting the mens rea element of the offence of shooting with intent to murder, and assessing the totality of the circumstances to determine an appropriate sentence. The court had to consider the nature and circumstances of the offence, including the defendant’s criminal history, the circumstances leading up to the shooting, and the impact on the victim. The defence argued that the defendant did not have the specific intent to kill, while the prosecution maintained that the act of shooting at another person with a firearm demonstrated such intent.

The court found that the defendant did indeed act with the intent to murder, based on the evidence presented. The judge considered the totality of the circumstances, including the defendant’s actions leading up to the shooting, the use of a firearm, and the nature of the injuries inflicted on the victim. The court imposed a sentence of 14 years and 6 months imprisonment, with a non-parole period of 9 years 7 months. The sentence was designed to reflect the seriousness of the offence while considering the defendant’s background and potential for rehabilitation.

The court also dismissed the offence on the certificate under s. 166 of the Criminal Procedure Act as there was no evidence to support it. The sentence commenced on 3 September 2020 and expires on 2 March 2035, with the non-parole period ending on 2 April 2030.