R v Sloane [1999] NSWDRGC 3

Drug Court of New South Wales

CITATION : R v Sloane [1999] NSWDRGC 3 PARTIES : Crown SLOANE, Robert FILE NUMBER(S) : 0063/99 of 1999 CORAM: His Honour Judge Neil Milson at 1 Accused's Antecedents - Discretion - Drug Court Act 1998 (NSW) - Meaning of Eligible Person - Violent Conduct :- Whether the accused is an eligible person under the Drug Court Act 1998 - "offence involving violent conduct" - whether having regard to the accused's antecedents it would be appropriate for him to participate in a Drug Court program

Drug Court Act 1998 (NSW) s5(2) "violent conduct" CATCHWORDS: s7(2)

Crimes Act 1900 (NSW) s94

LEGISLATION CITED: Drug Court Act 1998 (NSW), Crimes Act 1900 (NSW) R v Ranse [1999] NSWDRGC 2; CASES CITED: R v Butcher (1986) VR 43, considered. ; Dino Services Ltd v Prudential Assurance Co Ltd (1989) 1 All ER 422, considered. DATES OF HEARING: 13/04/1999 DATE OF JUDGMENT: 13 April 1999

Regina: J. Pheils, Director of Public Prosecutions (NSW)

LEGAL REPRESENTATIVES: Accused: A. Coultas, Legal Aid Commission (NSW)

JUDGMENT:

BACKGROUND

1. Two preliminary issues arise . (1) Whether, pursuant to s5(2)(b) of the Drug Court Act 1998, the accused is excluded from the s5(1) definition of "eligible person" because he is "charged with ... an offence involving violent conduct." (2) Whether, pursuant to s7(2)(b) of the Act, I am satisfied that, having regard to the accused's antecedents, it would be appropriate for him to participate in a Drug Court program.