R v Sloane [1999] NSWDRGC 10

Drug Court of New South Wales

CITATION : R v Sloane [1999] NSWDRGC 10 PARTIES : Crown SLOANE, Robert FILE NUMBER(S) : 0063/99 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 drug offender's further participation in a program. LEGISLATION CITED: Drug Court Act 1998 (NSW), Crimes Act 1900 (NSW) CASES CITED: R v Armanios [1999} NSWDRGC 5 DATES OF HEARING: 6/12/99 DATE OF JUDGMENT: 6 December 1999

J. Pheils, Director of Public Prosecutions (NSW) LEGAL REPRESENTATIVES: A. Coultas, Legal Aid Commission (NSW)

JUDGMENT: 1. The argument before the Court is whether the Drug Court participant, Mr Sloane's program should be terminated because of the provision of s10(1)(b) of the Drug Court Act.

2. Section 10 provides that: "...If it is satisfied that on the balance of probabilities that a drug offender has failed to comply with his or her program, the Drug Court..." and then going to (a) "...May, in accordance with the program impose anyone or more of the sanctions specified in the Act, or if it is also satisfied there is no useful purpose to be served in the drug offender's further participation to the program may decide to terminate the program..." Section 10(2) provides that "Without affecting the other circumstances in which a drug offender is taken to have failed to comply with his or her program, a drug offender is taken to have failed to comply with a program if the drug offender is charged before a Court with an offence referred to in s5(2).…"