R v Buttigieg [2002] NSWDRGC 2

Drug Court of New South Wales

CITATION : R v Buttigieg [2002] NSWDRGC 2 Regina PARTIES : -v- Buttigieg, John Anthony FILE NUMBER(S) : 0023 of 2002 CORAM: His Honour Judge Neil Milson at Drug Court :- definition of eligible person - offence involving violent conduct CATCHWORDS: - whether s5(2)(b) applies to offences not before the Court - exercise of District Court or Local Court jurisdiction s24 - existence of outstanding bonds before other courts LEGISLATION CITED: Drug Court Act 1998 (NSW) Chandler v. DPP (2000) 113 A Crim R 196; CASES CITED: Bull v. Attorney General (NSW) (1913) 17 CLR 356; R. v Ahmad [2001]NSWDRGC 7; R. v. Strbik [2002] NSWDRGC 6 June 2002 DATES OF HEARING: 26 June 2002 DATE OF JUDGMENT: 26 June 2002

Regina: D. Muddle, Director of Public Prosecutions N.S.W. LEGAL REPRESENTATIVES: Offender: P. Johnson, Legal Aid Commission of N.S.W.

JUDGMENT:

1. The applicant seeks entry to a Drug Court program after having been referred from the Parramatta District on 7 February this year in respect of a number of offences.

2. The transcript of the proceedings of the District Court on 7 February 2002 makes it quite clear that a breach of bond matter, which was also before the District Court, was being adjourned to the Drug Court as a District Court.

3. It was understood by those who were present and involved in the proceedings on that day, including Prosecution and Defence as well as her Honour, that the Drug Court would have had no power to deal with the offence where the bond has been breached because it was an offence involving violent conduct, and it was excluded from the Drug Court jurisdiction because of the provisions of sections 5, 7 and 8 of the Drug Court Act 1998 (hereafter the Act).