R v Darrant [1999] NSWDRGC 7

Drug Court of New South Wales

CITATION : R v Darrant [1999] NSWDRGC 7 PARTIES : Crown DARRANT, Sarah Jane FILE NUMBER(S) : 0153/1999 of 1999 CORAM: at 1 Discretion - Drug Court Act 1998 (NSW) - Meaning of Eligible Person - Violent Conduct :- Whether the accused is an "eligible person" under the Drug Court Act 1998 - whether the offence of armed robbery necessarily "involves violent conduct"- whether the Court ought to exercise its discretion to proceed to sentence the accused under s7(2).

Drug Court Act 1998 (NSW) s5(2) "violent conduct" CATCHWORDS: s7(2)

Crimes Act 1900 (NSW) s97

LEGISLATION CITED: Drug Court Act 1998 (NSW), Crimes Act 1900 (NSW) CASES CITED: R v Sloane [1999] NSWDRGC 3, ; R v Armanios [1999] NSWDRGC 5, considered. DATES OF HEARING: 18/06/1999 DATE OF JUDGMENT: 18 June 1999

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

JUDGMENT: 1. This matter comes before the Court on a preliminary argument as to whether the Court can or ought to proceed under s 7(2) of the Drug Court Act 1998.

2. The matter has been referred to the Court by the Penrith District Court.

3. The accused is charged with the offence that on 23 November 1998 at North Richmond, being armed with an offensive weapon, ie a 26 centimetre bladed knife, she did rob the victim of thirty dollars in cash, the property of Civic Video North Richmond.

4. It is alleged that at about 10.35pm on Monday, 23 November 1998 the accused parked a vehicle near the Civic Video Store at North Richmond. She entered the store with a 26 centimetre bladed knife up her right sleeve. A stocking covered her face. She said to the shop assistant, the victim, "this is a hold-up" and placed a bag on the counter, directing the shop assistant to place money in the bag. Although it is disputed by the accused, I assume for the purpose of this preliminary argument that (as stated by the victim) the accused had a black coloured knife that looked like a small flick knife in her right hand. The victim placed thirty dollars in the bag and the accused left the store. Later the accused was apprehended in her vehicle. the knife and the thirty dollars were located in the vehicle.