R v Ranse [1999] NSWDRGC 2

Drug Court of New South Wales

CITATION : R v Ranse [1999] NSWDRGC 2 Crown PARTIES : RANSE, Mark Daniel

FILE NUMBER(S) : 0028/99 of 1999 CORAM: at 1 Accused's Antecedents - Discretion - Meaning of Eligible Person - Violent Conduct :- Whether the accused is an "eligible person" under the Drug Court Act 1998 - whether having regard to the accused's antecedents it would be appropriate for the accused to participate in a Drug Court program - whether the Court ought to exercise its discretion to proceed to sentence the accused under s7(2).

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

Crimes Act 1900 (NSW) s94 LEGISLATION CITED: Drug Court Act 1998 (NSW), Crimes Act 1900 (NSW), Criminal Procedure Act 1986 (NSW) CASES CITED: The Queen v De Simoni (1981) 147 CLR 383, considered. DATES OF HEARING: 15/03/99 DATE OF JUDGMENT: 15 March 1999

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

JUDGMENT: 1. The Crown proposes to proceed against the accused on an indictment. Count six in the proposed indictment alleges that on 23 February 1999 at Merrylands in the State of New South Wales the accused did steal a chattel, ie a handbag, $40 and personal papers the property of Hong Lin from the person of Hong Lin.

2. The brief facts upon which the Crown relies in support of that count are as follows: "At about 5.00 pm on 23 February 1999, Mrs Hong Lin was in the underground car park of her residence in Manchester Street, Merrylands, having just returned from work. She was with her son and daughter. Vehicle TAT-227 approached and the accused got out of the car. He asked Mrs Lin if she knew a person from one of the flats. She said she didn't know. She spoke to her son and then felt the accused pull her bag from her right arm. She fell onto her right side. The bag strap broke. The accused got into the car and drove away. He was unaccompanied. Mrs Lin observed the details of the number plate as he drove away. As a result of her fall, Mrs Lin had a bruise on her right arm and a sore right hip. Her property was found in the vehicle at the time of the accused's arrest."