R v Sheedy (No.1) [2001] NSWDRGC 13

Drug Court of New South Wales

CITATION : R v Sheedy (No.1) [2001] NSWDRGC 13 Regina PARTIES : -v- Sheedy, Shane Mark FILE NUMBER(S) : 0190 of 2001 CORAM: His Honour Judge Neil Milson CATCHWORDS: :- Conduct of proceedings to determine persons accepted into Drug Court program - Drug Court Act 1998 ss 7(2) and 26 - admissibility of evidence Drug Court Act 1998 LEGISLATION CITED: Bail Act 1978 Evidence Act 1995 CASES CITED: R v Sloane [1999] NSWDRGC 3 DATES OF HEARING: 12/12/2001 EX TEMPORE JUDGMENT DATE : 12/12/2001

Regina - D. Muddle, Director of Public Prosecutions (NSW) LEGAL REPRESENTATIVES: Offender - S. Healy, Legal Aid Commission (NSW)

JUDGMENT:

1. The Court is conducting a hearing to determine whether the applicant before the Court is eligible to enter a Drug Court program. That is a decision which is envisaged by the provisions of s7(2) of the Drug Court Act 1998. The Court will also determine whether, having regard to the applicant's antecedents, it would be appropriate for the person to participate in a program under this Act, as well as exercising the general discretion that the Court has in s7(2).

2. Objection has been taken to the admissibility of the statements prepared for this hearing by police officers who are to give oral evidence together with a number of annexures to those statements, and a transcript of a Supreme Court bail application made by this applicant. This is evidence which may not be admissible in a criminal trial because of hearsay and relevance provisions of the Evidence Act 1995. The Crown argues that the provisions of s26 of the Drug Court Act 1998 entitles the Court to consider the material. That section provides