R v Brown [2001] NSWDRGC 6

Drug Court of New South Wales

CITATION : R v Brown [2001] NSWDRGC 6 Regina PARTIES : -v- BROWN, Jason John FILE NUMBER(S) : 0074 of 2000 CORAM: His Honour Judge Neil Milson Drug Court Act 1998 (NSW) - Joint Enterprise - Violent Conduct :- Eligibility for programs under the Drug Court Act 1998. Requirement that offences not be one "involving violent conduct" - Whether violent conduct by a co-offender in a joint enterprise constitutes an offence involving violent conduct. CATCHWORDS: Drug Court Act 1998 (NSW) S5(2)(b) - "offence involving violent conduct" LEGISLATION CITED: Drug Court Act 1998 (NSW) R v Ranse [1999] NSWDRGC 2; R v Sloane [1999] NSWDRGC 3; Chandler v DPP [2000] NSWCA 125, (2000) 113 A Crim R 196; CASES CITED: McAuliffe v The Queen (1995) 183 CLR; Tangye v R (1997) 92 A Crim R 545; Osland v R (1998)197 CLR 108; R v Markby (1978) 140 CLR 108 DATES OF HEARING: 25/06/2001 DATE OF JUDGMENT: 25 June 2001

Regina - R. Shafiq, Director of Public Prosecutions (NSW)

LEGAL REPRESENTATIVES: Accused - H. Grahame, Legal Aid Commission (NSW)

JUDGMENT:

BACKGROUND

1. The applicant before the court seeks entry to the Drug Court. He is charged with one count of robbery in company under s97(1) of the Crimes Act 1900. Initially the Court was to be asked to determine if it is appropriate for the applicant to be sentenced under s7(2) of the Drug Court Act 1998 . Subsequently the decisions became those of determining if the person is an "eligible person" under s5(2), and if so, then whether the Court should exercise its discretion under s7(2) to allow him to enter a Drug Court program. Written submissions have been considered on behalf of the applicant and the Director of Public Prosecutions as to the first of those decisions.