R v Grainger [1999] NSWDRGC 9

Drug Court of New South Wales

CITATION : R v Grainger [1999] NSWDRGC 9 PARTIES : Steven Grainger FILE NUMBER(S) : 1999/0086 of 1999 CORAM: at 1 CATCHWORDS: Drug Court Act 1998 (NSW) - No Useful Purpose - Termination :- Whether there is no useful purpose to be served in the participant's further participation in a program. LEGISLATION CITED: Drug Court Act 1998 (NSW) CASES CITED: DATES OF HEARING: 11/08/99 DATE OF JUDGMENT: 11 August 1999

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

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

JUDGMENT: 1. The participant is before the Court to determine whether, pursuant to s10(1)(b) of the Drug Court Act 1998, the Court ought to terminate his Drug Court program on the basis that he has failed to comply with his program and the Court is satisfied that there is no useful purpose to be served in his further participation in the program.

2. On 11 May 1999 the participant was sentenced by the Court under s7(2) of the Act and commenced a Drug Court program. The offences for which the Court dealt with the participant on that day included a number of offences of obtain benefit by deception, as well as other offences of dishonesty.

3. Initially, the participant progressed quite well on his program. He was receiving naltrexone. However, in early June he received a sanction for a breach which involved using cannabis. A further offence was committed in early June, i.e. the theft of a wallet. On 10 June the participant was sanctioned for one day for admitted use of cannabis. On 11 June he was released from his sanction. The analysis of a urine sample taken on that day showed amphetamines and cannabis.