R v Strbik [2002] NSWDRGC 1

Drug Court of New South Wales

CITATION : R v Strbik [2002] NSWDRGC 1 Regina PARTIES : -v- Strbik, Peter FILE NUMBER(S) : 0114 of 2002 CORAM: His Honour Judge Neil Milson :- definition of eligible person - meaning of an eligible person - meaning of an offence involving violent conduct CATCHWORDS: - constructive violence - threatened acts of violence - whether violence should be immediate - whether indirect threats of violence constitute violent conduct LEGISLATION CITED: Drug Court Act 1998 (NSW) R. v Ranse [1999]NSWDRGCRT 2; R. v Sloane [1999]NSWDRGCRT 3 ; R. v Armanios [1999]NSWDRGCRT 5; CASES CITED: Chandler v. DPP (2000) 113 A Crim R 196; DPP v Ebsworth [2001]NSWCA 318; R. v Butcher [1986] VR 43; R v Macrossen (1991) Tas R 1 DATES OF HEARING: 12 June 2002 DATE OF JUDGMENT: 12 June 2002

Regina: D. Muddle, Director of Public Prosecutions N.S.W. LEGAL REPRESENTATIVES: Offender: J Weller, Solicitor

JUDGMENT: 1. The Court is being asked to determine whether the applicant before the Court is a person who is an eligible person within the meaning of s.5 of the Drug Court Act 1998.

2. Section 5 of the Drug Court Act 1998 provides this definition of an"eligible person": (1) A person is an eligible person if: (a) the person is charged with an offence, other than an offence referred to in subsection (2), and (b) the facts alleged in connection with the offence, together with the person's antecedents and any other information available to the court, indicate that it is highly likely that the person will, if convicted, be required to serve a sentence of full-time imprisonment, and (c) the person has pleaded guilty to, or indicated that he or she intends to plead guilty to, the offence, and (d) the person appears to be dependent on the use of prohibited drugs (within the meaning of the Drug Misuse and Trafficking Act 1985) or other drugs prescribed by the regulations, and (e) the person satisfies such other criteria as are prescribed by the regulations. (2) A person is not an eligible person if the person is charged with: (a) an offence punishable under Division 2 of Part 2 of the Drug Misuse and Trafficking Act 1985, not being an offence that (under Division 3 of Part 2 of the Criminal Procedure Act 1986) is capable of being dealt with summarily, or (b) an offence involving violent conduct or sexual assault, or (c) any other offence of a kind prescribed by the regulations. 3. The applicant has indicated that it is his intention to plead guilty to the four offences before the Court, which are offences against s.322 or 326 or the Crimes Act 1900.