R v Leman [2001] NSWDRGC 4

Drug Court of New South Wales

CITATION : R v Leman [2001] NSWDRGC 4 Regina PARTIES : -v- LEMAN, Warrick Jason FILE NUMBER(S) : 396 of 2001 CORAM: His Honour Judge Neil Milson CATCHWORDS: :- Revocation of community service orders - Meaning of "revoke" - Expiry of "relevant maximum period" - Effect thereof - Whether an order which no longer remains in force can be revoked Drug Court Act 1998 (NSW) LEGISLATION CITED: Community Service Orders Act 1979 (NSW) Crimes (Administration of Sentences) Act 1999 (NSW) CASES CITED: DATES OF HEARING: 28/05/2001 DATE OF JUDGMENT: 28 May 2001

Regina - D. Muddle, Director of Public Prosecutions (NSW) LEGAL REPRESENTATIVES: Offender - S. Healy, Legal Aid Commission (NSW)

JUDGMENT: Background

1. The offender is before the Court for sentencing following the termination of his Drug Court program. One of those matters is an offence of supplying prohibited drugs for which he received a community service order of 400 hours in the Local Court on 26 October 1998.

2. On 10 January 2001 at the time of initial sentence in the Drug Court, I purported to revoke the community service order, impose a sentence for the original offence, and suspend that sentence under s7(4) of the Drug Court Act 1998.

3. Whilst not raised at the time, it is now argued that I had no power to revoke the community service order, as it had already expired. The Law

4. The relevant portions of the Crimes (Administration of Sentences) Act 1999 are as follows. 107. Definitions In this Division: "relevant maximum period", in relation to a community service order, means: (a)….., or (b) 18 months, if the required number of hours under the order (disregarding any increase under section 113) is 300 or more, or, if that period is extended under section 114, the period as so extended. 110. Duration of community service order