R v Chandler [1999] NSWDRGC 6

Reported Decision :

Drug Court of New South Wales

CITATION : R v Chandler [1999] NSWDRGC 6 Regina PARTIES : -v- CHANDLER, Paul Summers FILE NUMBER(S) : 0124 of 1999 CORAM: Her Honour Senior Judge Gay Murrell SC Dependent on Prohibited Drug - Drug Court Act 1998 (NSW) - Meaning of Eligible Person - Violent Conduct :- Whether the accused is an "eligible person" under the Drug Court Act 1998 - whether he "appears to be dependent on prohibited drugs" - whether the offence of dangerous driving occasioning death "involves violent conduct".

Drug Court Act 1998 (NSW) CATCHWORDS: s3(1) s5(1) " appears to be dependent on prohibited drugs" s5(2) "violent conduct"

LEGISLATION CITED: Drug Court Act 1998 (NSW) Crimes Act 1900 (NSW) CASES CITED: R v Ranse [1999] NSWDRGC 2, ; R v Sloane [1999] NSWDRGC 3 considered. DATES OF HEARING: 13/05/99, 03/06/99, 16/06/99 DATE OF JUDGMENT: 16 June 1999

J. Pheils, Director of Public Prosecutions (NSW) LEGAL REPRESENTATIVES: C. Craigie, of counsel

JUDGMENT:

1. The accused is charged on indictment with the following offences. (i) On 27 October 1997 at Bass Hill he did steal a motor vehicle,

(ii) On 27 October 1997 at Bass Hill he did drive a motor vehicle in a manner dangerous to another person whereby the vehicle was involved in an impact occasioning death in circumstances of aggravation, ie the accused's driving ability was very substantially impaired by the fact that he was under the influence of heroin.