R v Spooner [2002] NSWDRGC 3

Drug Court of New South Wales

CITATION : R v Spooner [2002] NSWDRGC 3 Regina PARTIES : -v- Spooner, Damien Victor FILE NUMBER(S) : 0202 of 2002 CORAM: His Honour Judge Neil Milson :- definition of eligible person CATCHWORDS: - meaning of an eligible person - meaning of "violent conduct or sexual assault" - indecent assault LEGISLATION CITED: Drug Court Act 1998 (NSW) s5(2) Crimes Act 1900 (NSW) s 62I, s 61L CASES CITED: R. v Harkin (1989) 38 A Crim R 296; Chandler v. DPP (2000) 113 A Crim R 196 DATES OF HEARING: 31 October 2002 DATE OF JUDGMENT: 31 October 2002

Regina: K. Thompson, Director of Public Prosecutions N.S.W LEGAL REPRESENTATIVES: Offender: C. Grant, Legal Aid Commission of N.S.W

JUDGMENT:

1. The argument before the Court today is whether the applicant is a person who is an eligible person to enter a Drug Court program or, alternatively, whether the Court ought, in its discretion, find it appropriate for him to enter into a Drug Court program in the light of the nature of the offence with which he is charged.

2. The offence is an offence of aggravated indecent assault that was committed in August of 2000. He was sentenced for the offence in February 2002 after an earlier conviction and ordered to perform community service. He has breached that order and is before me for re-sentencing following the revocation of the community service order.

3. I am informed that further community service or periodic detention as an alternative to full-time imprisonment would not be available for this offender, so it must be said that he is a person who is highly likely to receive a prison sentence. It is an offence to which he had pleaded guilty. It is understood that he is a person who is dependent on prohibited drugs.