R v E [2005] NSWDRGC 1

Drug Court of New South Wales

CITATION : R v E [2005] NSWDRGC 1 PARTIES : Crown E, Sam FILE NUMBER(S) : 70 of 2005 CORAM: His Honour Senior Judge Roger Dive at 1 CATCHWORDS: Meaning of Eligible Person :- – whether offence of wielding a knife in a public place is an offence involving "violent conduct" – the "elements of the offence" test does not determine the issue – the particular conduct of the offender examined. Drug Court Act 1998 (NSW) LEGISLATION CITED: S 5(2) "offence involving violent conduct" S 11E(1)(a) Summary Offences Act 1988 Chandler v The Director of Public Prosecutors [2000] NSWCA 125; R v Rance [1999] NSW Dg Ct 2; CASES CITED: Director of Public Prosecutors v Allan Ebsworth and Others [2001] NSWCCA 318; R v Butcher [1986] VR 43; R v Lapa [2004] NSWDRGC 1 DATES OF HEARING: 6 April 2005 DATE OF JUDGMENT: 6 April 2005

R. Ranken, Director of Public Prosecutions LEGAL REPRESENTATIVES: I. Rodgers, Legal Aid Commission

JUDGMENT:

1 Mr Sam E has been referred to the Drug Court on fourteen charges, most of which relate to driving offences. The issue before the Court is whether Mr E is an eligible person under Section 5 of the Drug Court Act 1998, given there is also a charge of wielding a knife in a public place, an offence under section 11E(1)(a) of the Summary Offences Act 1988 .

2 The offence in question occurred on 10 July 2004. Mr E pleaded guilty to the charge when before Liverpool Local Court, and on 3 November 2004 was dealt with by the imposition of a ten month Section 12 suspended sentence. He has breached that bond by virtue of further offences, and so has now been called up for sentence on the breach of bond matter. That call-up has been referred to the Drug Court, together with the new offences. So Mr E has not only been charged with an offence under Section 11E, he has pleaded guilty, been convicted, and then has had his sentence for the offence imposed and then suspended.