R v Buckley [2001] NSWDRGC 10

Drug Court of New South Wales

CITATION : R v Buckley [2001] NSWDRGC 10 Regina PARTIES : -v- Buckley, Phillip Joseph FILE NUMBER(S) : 0131 of 2001 CORAM: Her Honour Senior Judge Gay Murrell SC CATCHWORDS: :- Revocation of community service orders LEGISLATION CITED: Crimes (Administration of Sentences) Act 1999 Crimes (Sentencing Procedure) Act 1999 CASES CITED: DATES OF HEARING: 11/10/01 EX TEMPORE JUDGMENT DATE : 10/11/2001

Regina: R. Shafiq, Director of Public Prosecutions LEGAL REPRESENTATIVES: Offender: B. Adamovich, Legal Aid Comission (NSW)

JUDGMENT: 1. On 28 March 2000 the offender was sentenced top serve two community services orders. These sentences were imposed by the Penrith Local Court. One order was for a duration of 150 hours and the other for 100 hours. The orders were to be performed concurrently.

2. The offender performed only 18 of the total of 150 hours of the orders.

3. By an application dated 20 October 2000, and listed at the Blacktown Local Court on 16 November 2000, pursuant to s115 of the Crimes (Administration of Sentences) Act 1999, the Probation and Parole Service made application for revocation of the community services orders on the basis of the offender's failure to comply with his obligations under the orders. On 16 November 2000 there was no appearance of the offender and the Local Court issued warrants. The matter was relisted on 5 March 2001. On 10 May 2001 the offender appeared and admitted that he had failed to complete the hours required under the orders. There is no record that the Local Court actually revoked the community services orders. The matter was adjourned to the Drug Court for sentence.