R v Humphreys [2003] NSWDRGC 1

Drug Court of New South Wales

CITATION : R v Humphreys [2003] NSWDRGC 1 Regina PARTIES : V Humphreys, Brice FILE NUMBER(S) : 0259 of 2003 CORAM: His Honour Judge Ian Barnett Drug Court Act 1998 (NSW) :- CATCHWORDS: - definition of eligible person - meaning of an eligible person - meaning of "violent conduct" LEGISLATION CITED: Drug Court Act 1998 (NSW) s5(2) CASES CITED: R v Hamilton (1993) 66A Crim R DATES OF HEARING: 4 December 2003 DATE OF JUDGMENT: 4 December 2003

Regina: K. Thompson, Director or Public Prosecutions (NSW) LEGAL REPRESENTATIVES: Offender: C. Grant, Legal Aid Commission (NSW)

JUDGMENT:

1. This applicant has been referred to the Drug Court on a large number of matters from I think Blacktown Local Court. There are some thirty six matters that have been referred and the Crown has argued pursuant to s5 of the Drug Court Act that there is an offence which is an ineligible offence pursuant to the Act, that is that because the applicant is charged with this particular offence, he is not eligible pursuant to s5 (2) (b)of the Drug Court Act.

2. s5 (2) (b) says that a person is not eligible, to enter a Drug Court treatment programme, or eligible to be sentenced under the Drug Court legislation, if that person charged with an offence involving violent conduct or sexual assault. I have been referred to a lot of decisions, which I have had a look at, and it seems to me in this matter it is useful to go back to basics and look at the second reading speech, because an offence involving violent conduct is not separately defined in the legislation. In fact, the legislation is framed in such a way as to give the Court a fairly broad discretion to make a decision in relation to eligible offences. In the Minister's second reading speech on the introduction of the Drug Court bill the minister said, "The Drug Court programme will only deal with offenders who commit certain categories of offences. These offences will be mainly non violent theft offences. All offenders who commit sexual offences, and offences involving violent conduct will not be eligible. The types of offences which will be included are break, enter and steal, fraud, forgery offences, offences involving steal from the person, or unarmed robberies, provided there is no violence. Possession and use of prohibited drugs and dealing in quantities of prohibited drugs below the indictable limit."