R v Lhotsky [2000] NSWDRGC 1

Drug Court of New South Wales

CITATION : R v Lhotsky [2000] NSWDRGC 1 R PARTIES : v Lhotsky, Karl James FILE NUMBER(S) : 0249 of 1999 CORAM: CATCHWORDS: Drug Court Act 1998 (NSW) - No Useful Purpose - Termination :- LEGISLATION CITED: Drug Court Act 1998 (NSW) CASES CITED: R v Ranse (1999) NSWDRGC 2; Briginshaw v Briginshaw (1938) 60 CLR 336 DATES OF HEARING: 21/02/2000 DATE OF JUDGMENT: 21 February 2000

LEGAL REPRESENTATIVES:

JUDGMENT: 1. This matter has been listed for a decision on whether the participant's Drug Court program should be terminated. The Crown contends that the Court should terminate the participant's Drug Court program pursuant to s10(1)(b) and s11(1)(c) of the Drug Court Act 1998.

2. On 23 August 1999 the participant received initial sentences in relation to an offence of break enter and steal and the breach of a recognisance which had been imposed in relation to an offence of goods in custody. The participant was placed on a Drug Court program which involved him residing in the community and being treated with naltrexone.

3. The participant has now ceased taking naltrexone and is apparently maintaining abstinence from prohibited drugs. Regular reports received by the Court indicate that the participant has been performing well on his Drug Court program and has remained drug free for some time.

4. The participant is a twenty four year old Aboriginal man who had been dependent on heroin for four to five years at the time of his initial sentence. His prior criminal record included numerous driving matters, including offences of drive while disqualified, as well as matters of dishonesty.