R v Lapa [2004] NSWDRGC 1

Drug Court of New South Wales

CITATION : R v Lapa [2004] NSWDRGC 1 Regina PARTIES : V Lapa, John FILE NUMBER(S) : 162 of 2004 CORAM: Her Honour Judge Orchiston CATCHWORDS: Drug Court Act 1998 (NSW) - Meaning of Eligible Person - Risk if admitted to Drug Court Program - Risk to Community - Violent Conduct :- LEGISLATION CITED: Drug Court Act 1998 (NSW) Chandler v DPP [2000] NSW Court of Appeal 125; CASES CITED: R v Ranse [1999] NSW DRGC; DPP v Ebsworth [2001] NSW Court of Appeal 318 DATES OF HEARING: 16 September 2004 DATE OF JUDGMENT: 16 September 2004

Regina: R. Ranken, Director or Public Prosecutions (NSW) LEGAL REPRESENTATIVES: Offender: E. Thornton, Legal Aid Commission (NSW)

JUDGMENT: 1 The Offender, Mr Lapa, was sentenced at Fairfield Local Court on 14 April 2004 on a charge of intimidate a police officer while in the execution of the officer's duty under s 60(1) of the Crimes Act.

2 He was sentenced to a term of imprisonment of six months which was suspended upon his entering into a s 12 good behaviour bond. During the currency of the s 12 bond, he was charged with the further offences of break enter and steal and a goods in custody to which he has pleaded guilty and which have now been referred to the Drug Court. The offender seeks entry to a Drug Court program.

3 Under s 8AB(2) of the Drug Court Act, (the Act), the Court may deal with an offender in relation to an alleged failure to comply with the conditions of a s 12 good behaviour bond if the person is "an eligible person" under s 8A(2)(a). An "eligible person" is defined in s 5 of the Act. So far as is relevant to the present case, a person is not an eligible person pursuant to s 5(2)(b) if the person is "charged with …… an offence involving violent conduct".