R v Shannon JOHNSTON [2010] NSWDRGC 3

Drug Court of New South Wales

CITATION : R v Shannon JOHNSTON [2010] NSWDRGC 3 PARTIES : Crown Shannon JOHNSTON (Offender) FILE NUMBER(S) : 11 of 2010 CORAM: His Honour Senior Judge Roger Dive CATCHWORDS: Meaning of Eligible Person :- report of multi-disciplinary team – provision of confidential information – claim of public interest immunity by Commissioner of Corrective Services – provision of open and confidential affidavits – balancing the public interests – access to information by offender and/or the court – good order and security in correctional centres LEGISLATION CITED: Drug Court Act 1998 Evidence Act 1995 Nicopoulos v Commissioner for Corrective Services (2004) 148 A Crim R 74; CASES CITED: Cain v Glass (No 2) (1985) 3 NSWLR 230; D v National Society for the Prevention of Cruelty to Children [1977] 1 All ER 589; DPP v Smith (1996) 86 A Crim R 308 DATES OF HEARING: 1 September 2010 DATE OF JUDGMENT: 1 September 2010

R Atkins, Director of Public Prosecutions LEGAL REPRESENTATIVES: R Bhalla, Commissioner of Corrective Services W Tuckey, Legal Aid Commission (Offender)

JUDGMENT:

Background

1. The offender, Shannon Johnston, was sentenced in the Sydney District Court for the offence of Robbery in Company. He was sentenced to a non-parole period of 3 years and a total term of imprisonment of 5 years. The sentencing judge referred him to the Drug Court for the consideration of a Compulsory Drug Treatment Order (CDTO).

2. There is no dispute that he is an "eligible convicted offender" as defined in s. 5A of the Drug Court Act 1998 ("the Act"). The Court must now decide as to whether he is a "suitable" person for a CDTO, and therefore whether such an order should be made under s 18D within Pt 2A of the Act. The Court must not make such an order without first referring an offender to the multi-disciplinary team for assessment, and having regard to its contents. That assessment has been provided.