R v Rolfe [2001] NSWDRGC 2

Drug Court of New South Wales

CITATION : R v Rolfe [2001] NSWDRGC 2 Regina PARTIES : -v- ROLFE, Shaine FILE NUMBER(S) : 0046 of 2001 CORAM: His Honour Judge Neil Milson Accused's Antecedents - Discretion - Drug Court Act 1998 (NSW) - Risk if admitted to Drug Court Program :- Whether facts of offence before the court can be considered in exercise of discretion under s7(2) of Drug Court Act 1998 - Whether dangerous driving may constitute violent conduct. Propensity to commit violent offences - Risk to the community CATCHWORDS: Drug Court Act 1998 (NSW) S7(2) - "eligible person" LEGISLATION CITED: Drug Court Act 1998 (NSW) R v Ranse [1999] NSWDRGC 2; CASES CITED: R v Darrant [1999] NSWDRGC 7; R v Ali [2001] NSWDRGC 1 DATES OF HEARING: 12/04/2001 DATE OF JUDGMENT: 12 April 2001

Regina - D. Muddle, Director of Public Prosecutions (NSW)

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

JUDGMENT:

Background

1. The offender seeks entry to the Drug Court, charged with a number of offences, including taking and driving a motor vehicle without the consent of the owner, driving under the influence and driving in a manner dangerous to the public. After reading the allegations I have questioned that is appropriate for him to enter a Drug Court program, and have heard evidence and addresses in that respect.

The Law

2. The decisions to be made involves the court's exercise of its discretion under s 7(2) of the Drug Court Act 1998 . The relevant parts of that section provide "(2) The Drug Court may, under this section, convict and sentence a person who has pleaded guilty to the offence for which the person has been referred (whether before the referring court or the Drug Court) if, and only if , it is satisfied as to each of the following matters: (a) that the person is an eligible person, (b) that, having regard to the person's antecedents, it would be appropriate for the person to participate in a program under this Act, …" 3. That section provides that the Court " may " - (a word which imports a discretion) - "convict and sentence a person if and only if it is satisfied of " a number of factors. However, even if satisfied of those things, there remains a discretion to sentence or not to sentence: R v Ranse [1999] NSWDRGC 2.