R v Armanios [1999] NSWDRGC 5

Drug Court of New South Wales

CITATION : R v Armanios [1999] NSWDRGC 5 PARTIES : Crown ARMANIOS, David FILE NUMBER(S) : 0116/99 of 1999 CORAM: His Honour Judge Neil Milson at 1 CATCHWORDS: 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 an offence under s 97 of the Crimes Act 1900 is an offence involving "violent conduct" LEGISLATION CITED: Drug Court Act 1998 (NSW), Crimes Act 1900 (NSW), Criminal Procedure Act 1986 (NSW CASES CITED: R. v Ranse [1999] NSWDRGC 2 ; R. v Sloane [1999] NSWDRGC 3, considered DATES OF HEARING: 12/05/99 DATE OF JUDGMENT: 12 May 1999

J. Pheils, Director of Public Prosecutions (NSW) LEGAL REPRESENTATIVES: Mr H. White, Hugh White and Co. Solicitors

JUDGMENT: 1. The defendant was referred to the Drug Court from Liverpool District Court to answer an indictment for an offence against section 97 of the Crimes Act 1900 of robbery in company. The question to be decided now is whether, pursuant to s5(2)(b) of the Drug Court Act 1998, the accused is excluded from the s5(1) definition of "eligible person" because he is "charged with ... an offence involving violent conduct."

2. The brief facts upon which the Crown relies in support of that count are as follows: "About 8.00 pm on 24 June 1998 the defendant an unknown co-offender have entered the Rio Grande Texas BBQ Takeaway at 5/4 McArthur Ave, Revesby. The defendant was armed with a syringe and the co-offender a length of wood with nails protruding from one end...."