STATE OF TASMANIA v BAILEY JOHN VAN DER HEIDE 31 OCTOBER 2025
COMMENTS ON PASSING SENTENCE BRETT J
Bailey Van der Heide, you have been found not guilty of the charge of assaulting a police officer, which was in my view, the more serious crime on the indictment. Having said that, escape from lawful custody is always a serious matter. We rely on police who have to do a very difficult job. We can take for example the job that had to be done in this case. We rely on them to keep our community safe and in good order. Escaping from lawful custody in these circumstances, where you are being subjected to lawful arrest, is complete defiance and repudiation of the duty of police to perform that task on behalf of the community so it affects the community. I apply those comments to the other charges on the complaint, including particularly resisting a police officer.
My assessment of your attitude and actions on this night is that you were being incredibly arrogant and self-centered and really concerned about nobody except yourself. It may well have been fueled by both the alcohol you consumed and the company that you were keeping but neither of those things mitigate your personal responsibility. You are old enough to know better and you should have acted in a far more appropriate way. I suspect that if you all had done so, this issue would not have reached the height that it ended up reaching, and you would not be sitting where you are now.
Escape is a serious matter, it will be on your criminal record. I accept that by and large you are a person of good character. I suspect also what is happening is that you are getting more mature as you are getting older. The prior conviction of assault on your record is a serious matter. It has to be taken into account, particularly in respect to your character and the need for specific deterrence, but I also take the view that I think that what you had been through with respect of facing these charges including a very serious crime that you were found not guilty of and the time it has taken for that matter to come before the Court has probably well and truly reinforced you the need to act responsibly, and in particular lawfully in the future.
There is a need for general deterrence in relation to this kind of conduct so it is not just about you. The community must firstly have insight into the work the police do and the need, if the police are lawfully exercising their powers, for there to be compliance with their lawful requirements.
You will be convicted of these offences, it will be on your record and that is a punishment in itself, but I think you should also pay a significant fine.
I convict you of all the crimes and offences to which you have pleaded guilty. You are fined the sum of $2,500. This needs to be paid within 28 days.