In the matter of Bradley Hatfield [2008] NSWDRGC 1

Drug Court of New South Wales

CITATION : In the matter of Bradley Hatfield [2008] NSWDRGC 1 PARTIES : Crown Hatfield, Bradley FILE NUMBER(S) : 25 of 2006 CORAM: His Honour Senior Judge Roger Dive CATCHWORDS: :- Compulsory Drug Treatment Order (CDTO) – Parole jurisdiction of Drug Court – grant of parole causes CDTO to expire – lack of pharmacotherapy on CDTO disadvantage to community and offender – parole granted. Drug Court Act 1998 S 50 Crimes (Administration of Sentences) Act 1999 S 106E Crimes (Administration of Sentences) Act 1999 S 106R Crimes (Administration of Sentences) Act 1999 LEGISLATION CITED: S 106Q Crimes (Administration of Sentences) Act 1999 S 106S Crimes (Administration of Sentences) Act 1999 S 106T Crimes (Administration of Sentences) Act 1999 S 126 Crimes (Administration of Sentences) Act 1999 S 135 Crimes (Administration of Sentences) Act 1999 S 135A Crimes (Administration of Sentences) Act 1999 CASES CITED: DATES OF HEARING: DATE OF JUDGMENT: 30 January 2008

LEGAL REPRESENTATIVES:

JUDGMENT:

1 The issue before the Drug Court is whether a prisoner, Mr Bradley Hatfield, should be granted parole. Mr Hatfield is the first participant of the Compulsory Drug Treatment Correctional Centre ("CDTCC") to become eligible for parole, so it may be helpful to set out the Court's determination more fully on this occasion.

The Background

2 Mr Hatfield was sentenced by Judge Karpin in the Sydney District Court on 28 April 2006 to a total term of imprisonment of 6 years, with a 3½ year non-parole period, followed by 2½ years on parole. That non-parole period commenced on 9 September 2004, and is due to expire on 8 March 2008. As the sentence is over 3 years, the grant of parole does not automatically arise as it does for sentences under three years 1 .