R v Kyle BRUCE [2010] NSWDRGC 1

Drug Court of New South Wales

CITATION : R v Kyle BRUCE [2010] NSWDRGC 1 PARTIES : Regina (Crown) Kyle BRUCE (Offender) FILE NUMBER(S) : 227 of 2009 CORAM: His Honour Senior Judge Roger Dive Meaning of Eligible Person :- whether the test regarding eligibility requires examination of the elements of the offence charged or the conduct disclosed in the agreed facts. Whether an offender charged with the offence of break CATCHWORDS: enter and steal in company has been charged with an offence involving violent conduct when the facts reveal he tackled the homeowner to the ground in an attempt to flee the house. Drug Court Act 1998 (NSW) LEGISLATION CITED: Drug Court Act 1998 Crimes (Sentencing Proceedings) Act 1999 Crimes Act 1900 R v Rance [1999] NSW DRGC 2; Chandler v The Director of Public Prosecutors [2000] NSWCA 125; CASES CITED: Director of Public Prosecutors v Allan Ebsworth and Others [2001] NSWCCA 318; R v Butcher [1986] VR 43; R v E [2005] NSWDRGC 1; R v Tewake [2005] NSWDRGC 2 DATES OF HEARING: 23 February 2010 DATE OF JUDGMENT: 10 March 2010

A Broomfield, Director of Public Prosecutions (Crown) LEGAL REPRESENTATIVES: S Flood, Legal Aid Commission (Offender)

JUDGMENT:

1 Mr Kyle Bruce is an applicant to undertake a Drug Court Program. He has been charged with 17 offences, including 15 break and enter offences of various descriptions, 12 of which were committed in circumstances of aggravation. The circumstance of aggravation alleged in all such matters is that the offence was committed in the company of another person.