In the matter of David Sharp [2007] NSWDRGC 1

Drug Court of New South Wales

CITATION : In the matter of David Sharp [2007] NSWDRGC 1 PARTIES : Crown Sharp, David FILE NUMBER(S) : 24 of 2006 CORAM: His Honour Senior Judge Roger Dive CATCHWORDS: :- Compulsory Drug Treatment Orders – removal of participant prisoner from Compulsory Drug Treatment Correctional Centre – review of removal decision – revocation of Compulsory Drug Treatment Order – mandatory conditions of Compulsory Drug Treatment Orders – violence and threats of violence by participants. Drug Court Act 1998 (NSW) LEGISLATION CITED: S 106P Crimes (Administration of Sentences) Act 1999. S 106Q Crimes (Administration of Sentences) Act 1999 CASES CITED: DATES OF HEARING: 5 February 2007 DATE OF JUDGMENT: 8 February 2007

Regina: R. Atkins, Director of Public Prosecutions LEGAL REPRESENTATIVES: Offender: S Flood of counsel, instructed by the Legal Aid Commission

JUDGMENT:

1 In August 2006 a prisoner, David Sharp, was referred to the Drug Court of N.S.W. for the consideration of the making of an order that would allow him to serve his sentence in the Compulsory Drug Treatment Correctional Centre ("CDTCC"). The necessary assessments were made, and the Drug Court made a Compulsory Drug Treatment Order in relation to Mr Sharp on 23 November 2006.

2 Mr Sharp was in the closed detention of Stage 1 of his Compulsory Drug Treatment Order ("CDTO") when there was an incident on 20 December 2006. Mr Sharp is alleged to have assaulted a fellow participant, Mr Brendan Symonds.

3 Ms Astrid Birgden, the Director of CDTCC, exercised the powers of the Commissioner of Corrective Services under S 106P of the Crimes (Administration of Sentences) Act 1999 and ordered the removal of Mr Sharp from the CDTCC. That order required him to be taken to another correctional centre, and to be held in separate custody. Much to the concern of Mr Sharp, he has been retained in segregation at Parklea Correctional Centre for 50 days since that transfer, and that segregated custody has been difficult and unpleasant for him.