DPP v Allan Ebsworth & 1 Or [2001] NSWCA 318

Reported Decision : 124 A Crim R 410

New South Wales Court of Appeal

CITATION : DPP v Allan Ebsworth & 1 Or [2001] NSWCA 318 FILE NUMBER(S) : CA 40451 of 2001 HEARING DATE(S) : 07/09/01 JUDGMENT DATE : 7 September 2001

Director of Public Prosecutions PARTIES : v Allan Ray Ebsworth & Anor JUDGMENT OF : Mason P at 1, 34; Meagher JA at 8; Sheller JA at 33

LOWER COURT JURISDICTION : LOWER COURT 81 of 2001 FILE NUMBER(S) : LOWER COURT Barnett AJ JUDICIAL OFFICER :

COUNSEL : Appellant: G E Smith 1st Respondent: R Burgess SOLICITORS : Appellant: Director of Public Prosecutions 1st Respondent: Legal Aid Commission CATCHWORDS : Admission of person accused of a criminal offence into Drug Court program - definition of 'eligible person' - meaning of 'an offence involving violent conduct' - whether assessed in relation to particular acts of accused or elements of offence charged - whether threat of violence constitutes violent conduct for purposes of Drug Court Act - appeal allowed. LEGISLATION CITED : Drug Court Act 1998 Crimes Act 1900 Queen v Sloane (1999) NSW Drug Reports DRGC p3 Chandler v DPP (2000) 113 ACR 196 CASES CITED: Queen v Rants (1999) NSW DRGC 2 Queen v Butcher (1986) VR 43 Queen v Briese (1999) 106 ACR 441 Queen v Armanios (1999) NSW DRGC p5 DECISION : Declaration that his Honour Barnett ADCJ of the Drug Court in NSW erred in finding that the offence charged under section 97(1) of the Crimes Act 1900 against Mr Ebsworth was not an offence involving violent conduct within section 5(2)(b) of the Drug Court Act 1998; No order to costs.