St Maartener busted in Rotterdam with Meth And bullets for semi automatic guns
https://sxmnews.ai/kpsm-police-st-maarten-carrying-out-controls-issuing-fines-making-arrests/
St Maarteners…. Antilliaanse getting on bad up there… I convert the Court Transcripts from Dutch to English if it’s 👀 interesting… On October 25, 2024, the Rotterdam District Court ruled in the criminal case against the suspect, born in Sint Maarten in 1990, represented by attorney mr. LAR Newoor. The suspect was accused of multiple criminal offenses, including possession of prohibited weapon parts, ammunition and amphetamine.
The indictment contained four main counts:
Possession of cartridge magazines intended for a Glock firearm.
Having different types of ammunition available.
The intentional possession of approximately 530.1 grams of amphetamine.
Having an auto switch fire control specifically designed for a Glock.
The public prosecutor, Mr. SSS Heinerman, demanded that the facts be proven and that a community service order of 200 hours be imposed, with the possibility of a substitute detention and a conditional prison sentence of two months.
The court ruled that the suspect could confess to the facts under 1, 2 and 4 without further motivation. For the fact under 3, the defense argued that the suspect did not know that the powder was amphetamine. The court rejected this defense, because the suspect had stated that he had received a bag with powder from a ‘Polish gentleman’, who told him that it was a ‘mixture’. The court concluded that the suspect was aware of the considerable chance that it concerned illegal substances, which led to conditional intent to possess drugs.
The court declared the suspect punishable for the proven facts, which were in conflict with the Weapons and Ammunition Act and the Opium Act. The court took into account the seriousness of the facts, the personal circumstances of the suspect and his previous convictions for similar facts. Despite the seriousness of the facts, the court decided to avoid a prison sentence, because the suspect had not committed similar facts since his last conviction and seemed to have changed.
Ultimately, the suspect was sentenced to 120 hours of community service, with the possibility of a substitute prison sentence of 59 days if the community service was not properly performed. The court emphasized that the possession of weapon parts and hard drugs poses an unacceptable risk to society.
Original pronunciation
Content indication
Violated WWM by possessing multiple cartridge magazines, bullet cartridges and a weapon part. Violated Opium Act by possessing 530.1 grams of amphetamine. Community service of 120 hours with deduction of pre-trial detention.
Pronunciation
Rotterdam District Court
Team penalty 2
File number: 10/128365-22 Date of judgment: October 25, 2024 Contested
Judgment of the Rotterdam District Court, multi-member criminal chamber, in the case against the suspect:
[suspect],
born in Sint Maarten (Netherlands Antilles) on [date of birth] 1990, registered in the Municipal Personal Records Database at the address:
[address], counsel Mr. LAR Newoor, attorney-at-law in Rotterdam.
1 Investigation at the hearing
Taking into account the investigation at the hearing of October 25, 2024.
2 Indictment
The accused is charged with what is stated in the summons. The text of the charge is attached to this judgment as Appendix I.
3 Public prosecutor’s demand
The public prosecutor Mr. SSS Heinerman has demanded:
conviction of the charges;
sentencing the suspect to 200 hours of community service, to be replaced by 100 days’ detention, and a conditional prison sentence of two months, with a probation period of two years.
4 Assessment of the evidence
4.1. Declaration of proof without further motivation
The charges under 1, 2 and 4 are known to the suspect. These facts will be declared proven without further discussion.
4.2. Evidence assessment
4.2.1. Defense position
The fact charged under 3 cannot be declared legally and convincingly proven. The suspect did not know that the powder found in the garage was amphetamine and must therefore be acquitted.
4.2.2. Judgement
The suspect stated that he received a bag of powder from a ‘Polish gentleman’ and asked him if it was drugs, to which the Polish gentleman replied that it was a ‘mixture’. The suspect then chose to put the bag in the garage. The court infers from this that there was a significant chance that an illegal substance, such as drugs, was in the bag and that the suspect consciously accepted this significant chance. The suspect therefore had conditional intent to possess drugs, in this case amphetamine, punishable under the Opium Act.
Conclusion The defence is rejected.
4.3. Declaration of proof
In appendix II the court has included the contents of legal evidence, containing facts and circumstances that support the conviction. Based on that, and on the grounds of the explanatory content of the foregoing, it has been legally and convincingly proven that the suspect committed the act charged under 3.
In appendix III the court has listed legal evidence, containing facts and circumstances that support the conviction. This list is sufficient, since the suspect has confessed to the proven facts and no defense has been presented that would lead to acquittal. On that basis it has been legally and convincingly proven that the suspect committed the acts charged under 1, 2 and 4.
The suspect committed the proven facts in such a manner that:
1.
he, on February 24, 2022, in Rotterdam, had in his possession parts of a firearm within the meaning of Article 1 under 3, in view of Article 2 paragraph 1 category III under 1 of the Weapons and Ammunition Act, namely several cartridge magazines (good numbers 6350111 and 6350112) intended for bullet cartridges, being parts that are specifically intended and/or of an essential nature and specifically intended for a (semi-)automatic firearm of the Glock brand, caliber 9 mm,
2.
he, on February 24, 2022, in Rotterdam ammunition within the meaning of Article 1 under 4 of the Weapons and Ammunition Act, namely ammunition as referred to in Article 2 paragraph 2 of that Act, of category III, namely:
one (bullet) cartridge of caliber .22, or at least small caliber (good number
and
one or more (bullet) cartridges of caliber 9mm (good number
and
had in his possession two (bullet) cartridges of the caliber 9mm short (good number 6350160).
3.
he, on February 24, 2022, in Rotterdam, intentionally had in his possession approximately 530.1 grams of a material containing amphetamine, amphetamine being a substance as referred to in List 1 of the Opium Act,
4.
he, on February 24, 2022 in Rotterdam, a part of a firearm within the meaning of Article 1 under 3, in view of Article 2 paragraph 1 category II under 2 of the Weapons and Ammunition Act, namely an autoswitch fire control (asset number 6350168), being a partthatis specifically intended and/or is of an essential nature and is specifically intended for a (semi-)automatic firearm of the Glock brand,has had available.
What is charged more or differently is not proven. The suspect must (also) be acquitted of that.
5 Criminality of facts
The proven facts provide:
- acting in violation of Article 26, paragraph 1, of the Weapons and Ammunition Act and committing the act with regard to parts of a category III weapon;
2 acting contrary to Article 26, paragraph 1, of the Weapons and Ammunition Act;
- deliberately acting contrary to the prohibition set out in Article 2(C) of the Opium Act;
- acting in violation of Article 26, paragraph 1, of the Weapons and Ammunition Act and committing the act with regard to a part of a category II weapon.
No facts or circumstances have become apparent that would exclude the criminality of the acts.
The facts are therefore punishable.
6 Criminal liability of suspect
No circumstance has been demonstrated that would exclude the suspect’s criminal liability.
The suspect is therefore punishable.
7 Reasons for punishment
7.1. General consideration
The punishment imposed on the suspect is based on the seriousness of the facts, the circumstances in which the facts were committed and the person and personal circumstances of the suspect. In particular, the following is taken into account.
7.2. Facts on which the punishment is based
The suspect possessed prohibited weapon parts, ammunition and 530 grams of amphetamine. Possession of firearm parts and ammunition poses an unacceptable risk to society. This also applies to hard drugs. Amphetamine is harmful to public health. In addition, the trade in and use of narcotics is associated with many other forms of crime, such as the use of firearms and nuisance.
7.3. Personal circumstances of the suspect
7.3.1. Criminal record
The court has taken into account an extract from the judicial documentation of 19 October 2024, which shows that the suspect has previously been convicted of similar offences. The suspect has previously been convicted of possession of a Glock. The facts for which the suspect is now being convicted concern accessories and ammunition for that Glock. The last conviction dates from October 2024, so that Article 63 of the Criminal Code applies.
7.4. Conclusions of the court
In view of what the court has considered above, it reaches the following conclusions.
Given the seriousness of the facts, a prison sentence is in principle appropriate. However, in this case the court sees reason not to do so. In doing so, the court took into account in the suspect’s favour the fact that the prohibited possession of weapons and ammunition is related to an act for which the suspect was convicted in 2018, the acts were committed some time ago and furthermore that the suspect has not committed any similar criminal acts since then. The suspect seems to have changed his life for the better and the court sees this as reason to impose only a community service order of the duration specified below.
All things considered, the court considers a community service order of 120 hours to be appropriate and necessary.
8 Applicable legal provisions
Articles 9 and 63 of the Criminal Code, Articles 26 and 55 of the Weapons and Ammunition Act and Articles 2 and 10 of the Opium Act have been taken into account.
9 Attachments
The appendices referred to in this judgment form part of this judgment.
10 Decision
The court:
declares it proven that the suspect committed the facts charged, as described above;
declares not proven that which is charged against the suspect in addition to or otherwise than that declared proven above and acquits the suspect thereof;
finds that the proven facts constitute the criminal offences mentioned above;
declares the suspect guilty;
sentences the suspect to a community service order for a period of 120 hours , whereby the Dutch Probation Service must determine which activities the community service order must consist of; orders that the time spent in custody by the convicted person prior to the execution of this ruling be deducted from the imposed community service order on the basis of the standard of two hours per day, so that after this deduction 118 (one hundred and eighteen) hours of community service remain to be performed;
orders that, in the event that the convicted person does not properly perform the community service order, a substitute detention of 59 days will be applied.
This judgment was rendered by Mr. AMG van de Kragt, chairman, and Mrs. F. Damsteegt and SWH Bootsma, judges, in the presence of Mr. DR Kroonbergs, registrar, and pronounced at the public hearing on the date stated in the heading of this judgment.
Appendix I
Text of the indictment
The suspect is charged with
1.
he, on or about 24 February 2022, in Rotterdam, in any case in the Netherlands, had in his possession one or more part(s) of a firearm(s) within the meaning of Article 1 under 3, taking into account Article 2 paragraph 1 category III under 1 of the Firearms and Ammunition Act, namely one or more cartridge magazines (good numbers 6350111 and 6350112) intended for cartridges, being (a) part(s) that is/are specifically intended and/or of an essential nature and is/are specifically intended for a (semi-)automatic firearm(s) of the Glock brand, calibre 9 mm,
2.
he, on or about 24 February 2022, in Rotterdam, in any case in the Netherlands, ammunition within the meaning of Article 1, paragraph 4 of the Weapons and Ammunition Act, namely ammunition as referred to in Article 2, paragraph 2 of that Act, of category III, namely:
one (bullet) cartridge of caliber .22, or at least small caliber (good number
and/or
ten, at least one or more (bullet) cartridge(s) of caliber 9mm (good number
and/or
had in his possession two, or at least one or more, 9mm short caliber cartridges (item number 6350160).
3.
he, on or about February 24, 2022, in Rotterdam, in any case in the Netherlands, together and in association with another or others, or at least alone, intentionally had in his possession approximately 530.1 grams, in any case a quantity of a material containing amphetamine, amphetamine being a substance as referred to in List 1 of the Opium Act, or designated pursuant to the fifth paragraph of Article 3a of that Act.
4.
he, on or about 24 February 2022 in Rotterdam, in any case in the Netherlands, had in his possession one or more part(s) of a firearm(s) within the meaning of Article 1 under 3, taking into account Article 2 paragraph 1 category II under 2 of the Firearms and Ammunition Act, namely one or more auto-switch fire control(s) (asset number 6350168), being (a) part(s) that is/are specifically intended and/or of an essential nature and is/are specifically intended for a (semi-)automatic firearm(s) of the Glock brand.
