R v Tewake [2005] NSWDRGC 2

Drug Court of New South Wales

CITATION : R v Tewake [2005] NSWDRGC 2 PARTIES : Crown Tewake, Dalton FILE NUMBER(S) : 217 of 2005 CORAM: His Honour Senior Judge Roger Dive CATCHWORDS: Meaning of Eligible Person :- whether a person charged with an offence involving "violent conduct" can be an "eligible person". Drug Court exercising ordinary jurisdiction of Local Court – such power available under s 24 Drug Court Act. Offence involving "violent conduct" can be dealt with under s 24. LEGISLATION CITED: Drug Court Act 1998 (NSW) S 5 "eligible person" and "offence involving violent conduct" S 7 "Persons accepted into program" S 24 Jurisdiction of Drug Court Chandler v The Director of Public Prosecutors [2000] NSWCA 125; CASES CITED: Bull v Attorney General of NSW [1913] 17 CLR 356; R v Buttigieg [2002] NSWDRGC 2 DATES OF HEARING: 15 November 2005 DATE OF JUDGMENT: 22 November 2005

Regina: R. Ranken, Director of Public Prosecutions LEGAL REPRESENTATIVES: Offender: I. Rodgers, Legal Aid Commission

JUDGMENT:

1 HIS HONOUR: Mr Tewake has been referred to the Drug Court under s 6 of the Drug Court Act 1998 . Twelve charges have been referred, comprising mainly dishonesty offences and offences of breaching an apprehended violence order; the later committed by attending premises he is not allowed to approach. Mr Tewake is seeking to have those matters dealt with under s 7 of the Drug Court Act, which allows a sentence is imposed, and then suspended whilst a Drug Court program is undertaken.

2 Mr Tewake has also pleaded guilty to a charge of assaulting a police officer in the execution of his duty, and that charge has led to this hearing as to whether Mr Tewake can be admitted into a Drug Court Program, given that offence involves 'violent conduct'. Section 5 of the Drug Court Act prohibits offences involving violent conduct being dealt with under s 7 of the Drug Court Act.