In the matter of WHITE [2012] NSWDRGC 1

Drug Court New South Wales

Medium Neutral Citation: In the matter of WHITE [2012] NSWDRGC 1 Hearing dates: 6 March 2012 Decision date: 03 April 2012 Before: His Honour Senior Judge Roger Dive Decision: Mr White is a suitable and appropriate person for the making of a second CDTO. Catchwords: Meaning of "eligible convicted offender", "suitable person", "appropriate in all of the circumstances"- second application for a Compulsory Drug Treatment Order - new offences committed when released to parole supervision - legislation aimed at "the most entrenched and serious group of drug addicted offenders" Legislation Cited: S 5A Drug Court Act 1998 S 18D Drug Court Act 1998 S 106B(a) Crimes (Administration of Sentences) Act 1999 Cases Cited: R v Tewake [2005] NSWDRGC 2 Category: Principal judgment Parties: Crown White, Michael (Offender) Representation: R. Atkins, for Director of Public Prosecutions M. Dalitz, Legal Aid Commission, for offender File Number(s): 37 of 2011

Judgment

The issue: 1The offender, Michael White, has been sentenced at both the Blacktown and Parramatta Local Courts to some lengthy terms of imprisonment for offences of break, enter and steal. The sentencing courts referred him to the Drug Court for the consideration of a Compulsory Drug Treatment Order (CDTO). 2There 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 under s 18D of the Act as to whether he is a "suitable person" for a CDTO, and whether "it is appropriate in all of the circumstances that the sentence be served by way of compulsory drug treatment detention". A key issue is that Mr White had only recently been the subject of a lengthy CDTO, and committed new crimes soon after release to parole at the end of that order. 3The Office of the DPP has traditionally assisted the Drug Court by taking a role in screening referred offenders as to eligibility and appropriateness issues. In relation to Mr White, Ms Atkins, for the DPP, submits that Mr White is not an appropriate person in all the circumstances. Mr Dalitz, from the Legal Aid Commission, has assisted Mr White to pursue the making of a CDTO.