R v Sheedy (No.2) [2001] NSWDRGC 14

Drug Court of New South Wales

CITATION : R v Sheedy (No.2) [2001] NSWDRGC 14 Regina PARTIES : -v- Sheedy, Shane Mark FILE NUMBER(S) : 0190 of 2001 CORAM: His Honour Judge Neil Milson CATCHWORDS: :- Discretion under s7(2) - seriousness of offences - risk to community - finding of appropriateness to enter into a Drug Court program LEGISLATION CITED: CASES CITED: DATES OF HEARING: 13/12/2001 DATE OF JUDGMENT: 13 December 2001

Regina - D. Muddle, Director of Public Prosecutions (NSW) LEGAL REPRESENTATIVES: Offender - S. Healy, Legal Aid Commission (NSW)

JUDGMENT:

1. The submissions which have been made by the prosecution opposing the entry of the offender to a Drug Court program, and the concerns of the police officers which those submissions support go right to the heart of the Drug Court process. The very nature of a Drug Court program is that people who are highly likely to go to prison are going to be released into the community. This will inevitably pose some risk which the court, by its supervision and by the supervision of the Probation and Parole Service and by keeping people in treatment, is to try to minimise or eliminate. This process is directed substantially towards rehabilitation and stopping people offending again, rather than punishment. By the legislation, the Parliament is saying that the community is, to some extent, prepared to forego the need for people to suffer punishment which they deserve or which would be appropriate to deter other offenders, if they enter into and are successful in a rehabilitation program.

2. Almost all of the arguments that have been raised so far as the offender is concerned, can be raised in respect of many of his predecessors who have applied for entry to the Drug Court. The fact that he consistently disobeys court orders and conditional liberty is a very common instance. There are many people on Drug Court programs who have committed offences in breach of parole and the Parole Board has allowed them to stay on a Drug Court program. What could be a greater breach of conditions of conditional liberty? That does no mean that Mr Sheedy's behaviour in any way is accepted as being appropriate or not worthy of condemnation or even punishment but it certainly does not distinguish him from other Drug Court participants. It has been argued that he has been untruthful in the past. To apply a standard of honesty to Drug Court program applicants would eliminate almost all, either before or after their enter into a Drug Court program.