NSW Caselaw

R v Gordon [2023] NSWDRGC 1

Judgment of
Judge Keogh
Decision date
19 June 2023

R v Miller; R v Omar [2021] NSWDRGC 1

Judgment of
His Honour Senior Judge Dive
Decision date
09 March 2021

R v Joshua Luke CAGE [2014] NSWDRGC 1

Catchwords:

SECTION 58 Crimes (Sentencing Procedure) Act - Drug Court sitting as a Local Court - limitation on consecutive sentences imposed by Local Court - unexpired sentence - new sentence of imprisonment to be served consecutively.

Judgment of
Judge Cloran
Decision date
14 July 2014

R v Partridge [2012] NSWDRGC 2

Catchwords:

Meaning of "usual place of residence" for the purposes of determining eligibility for Drug Court program. Usual residence at time of arrest was " one crucial and relevant point in time" to determine "usual place of residence".

Judgment of
His Honour Senior Judge Dive
Decision date
25 July 2012

In the matter of WHITE [2012] NSWDRGC 1

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"

Judgment of
His Honour Senior Judge Roger Dive
Decision date
03 April 2012

R v Shannon JOHNSTON [2010] NSWDRGC 3

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

Judgment of
His Honour Senior Judge Roger Dive
Decision date
01 September 2010

R v Kyle BRUCE [2010] NSWDRGC 1

Catchwords:

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 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.

Judgment of
His Honour Senior Judge Roger Dive
Decision date
10 March 2010

R v Christopher HILZINGER [2010] NSWDRGC 2

Catchwords:

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 enter and damage property in company has been charged with an offence involving violent conduct when the facts reveal the Crown could have chosen alternate circumstances of aggravation (which involve violent conduct). Whether damage to property has as an element “violent conduct”

Judgment of
His Honour Senior Judge Roger Dive
Decision date
18 May 2010

Decision restricted [2009] NSWDRGC 1

Judgment of
His Honour Judge Ian Barnett
Decision date
15 April 2009

In the matter of Bradley Hatfield [2008] NSWDRGC 1

Catchwords:

:- Compulsory Drug Treatment Order (CDTO) – Parole jurisdiction of Drug Court – grant of parole causes CDTO to expire – lack of pharmacotherapy on CDTO disadvantage to community and offender – parole granted.

Judgment of
His Honour Senior Judge Roger Dive
Decision date
30 January 2008

In the matter of Jamie Paton [2007] NSWDRGC 2

Catchwords:

:- Compulsory Drug Treatment Orders - meaning of “eligible convicted offender”– meaning of “finding of guilt” in 1984 Children’s Court proceedings - whether a person dealt with in the Children’s Court by way of a “finding of guilt” for a firearms offence has been “convicted” of an offence involving the use of a firearm.

Judgment of
His Honour Senior Judge Roger Dive
Decision date
14 August 2007

In the matter of David Sharp [2007] NSWDRGC 1

Catchwords:

:- Compulsory Drug Treatment Orders – removal of participant prisoner from Compulsory Drug Treatment Correctional Centre – review of removal decision – revocation of Compulsory Drug Treatment Order – mandatory conditions of Compulsory Drug Treatment Orders – violence and threats of violence by participants.

Judgment of
His Honour Senior Judge Roger Dive
Decision date
08 February 2007

R v E [2005] NSWDRGC 1

Catchwords:

Meaning of Eligible Person :- – whether offence of wielding a knife in a public place is an offence involving “violent conduct” – the “elements of the offence” test does not determine the issue – the particular conduct of the offender examined.

Judgment of
His Honour Senior Judge Roger Dive at 1
Decision date
06 April 2005

R v Tewake [2005] NSWDRGC 2

Catchwords:

Meaning of Eligible Person :- whether a person charged with an offence involving “violent conduct” can be an “eligible person”. Drug Court exercising ordinary jurisdiction of Local Court – such power available under s 24 Drug Court Act. Offence involving “violent conduct” can be dealt with under s 24.

Judgment of
His Honour Senior Judge Roger Dive
Decision date
22 November 2005

R v Lapa [2004] NSWDRGC 1

Catchwords:

Drug Court Act 1998 (NSW) - Meaning of Eligible Person - Risk if admitted to Drug Court Program - Risk to Community - Violent Conduct :-

Judgment of
Her Honour Judge Orchiston
Decision date
16 September 2004

R v Humphreys [2003] NSWDRGC 1

Catchwords:

Drug Court Act 1998 (NSW) :- - definition of eligible person - meaning of an eligible person - meaning of "violent conduct"

Judgment of
His Honour Judge Ian Barnett
Decision date
04 December 2003

R v Buttigieg [2002] NSWDRGC 2

Catchwords:

:- definition of eligible person - offence involving violent conduct - whether s5(2)(b) applies to offences not before the Court - exercise of District Court or Local Court jurisdiction s24 - existence of outstanding bonds before other courts

Judgment of
His Honour Judge Neil Milson at Drug Court
Decision date
26 June 2002

R v Spooner [2002] NSWDRGC 3

Catchwords:

:- definition of eligible person - meaning of an eligible person - meaning of "violent conduct or sexual assault" - indecent assault

Judgment of
His Honour Judge Neil Milson
Decision date
31 October 2002

R v Strbik [2002] NSWDRGC 1

Catchwords:

:- definition of eligible person - meaning of an eligible person - meaning of an offence involving violent conduct - constructive violence - threatened acts of violence - whether violence should be immediate - whether indirect threats of violence constitute violent conduct

Judgment of
His Honour Judge Neil Milson
Decision date
12 June 2002

R v Buckley [2001] NSWDRGC 10

Catchwords:

:- Revocation of community service orders

Judgment of
Her Honour Senior Judge Gay Murrell SC
Decision date
11 October 2001

R v Duggan [2001] NSWDRGC 5

Catchwords:

Drug Court Act 1998 (NSW) - Meaning of Eligible Person :- usual place of residence

Judgment of
His Honour Judge Neil Milson
Decision date
06 June 2001

R v Sheedy (No.1) [2001] NSWDRGC 13

Catchwords:

:- Conduct of proceedings to determine persons accepted into Drug Court program - Drug Court Act 1998 ss 7(2) and 26 - admissibility of evidence

Judgment of
His Honour Judge Neil Milson
Decision date
12 December 2001

R v Rolfe [2001] NSWDRGC 2

Catchwords:

Accused's Antecedents - Discretion - Drug Court Act 1998 (NSW) - Risk if admitted to Drug Court Program :- Whether facts of offence before the court can be considered in exercise of discretion under s7(2) of Drug Court Act 1998 - Whether dangerous driving may constitute violent conduct. Propensity to commit violent offences - Risk to the community Drug Court Act 1998 (NSW) S7(2) - "eligible person"

Judgment of
His Honour Judge Neil Milson
Decision date
12 April 2001

R v Leman [2001] NSWDRGC 4

Catchwords:

:- Revocation of community service orders - Meaning of "revoke" - Expiry of "relevant maximum period" - Effect thereof - Whether an order which no longer remains in force can be revoked

Judgment of
His Honour Judge Neil Milson
Decision date
28 May 2001

R v Brown [2001] NSWDRGC 6

Catchwords:

Drug Court Act 1998 (NSW) - Joint Enterprise - Violent Conduct :- Eligibility for programs under the Drug Court Act 1998. Requirement that offences not be one "involving violent conduct" - Whether violent conduct by a co-offender in a joint enterprise constitutes an offence involving violent conduct. Drug Court Act 1998 (NSW) S5(2)(b) - "offence involving violent conduct"

Judgment of
His Honour Judge Neil Milson
Decision date
25 June 2001

R v Schoffel [2001] NSWDRGC 11

Catchwords:

Judgment of
Her Honour Senior Judge Gay Murrell SC
Decision date
24 October 2001

R v Tucker [2001] NSWDRGC 3

Catchwords:

Accused's Antecedents - Discretion - Drug Court Act 1998 (NSW) - Risk if admitted to Drug Court Program - Risk to Community :- Meaning of "antecedents" - Whether facts of offence before the Court can be considered in exercise of discretion under s7(2) of Drug Court Act 1998 - Possession of firearms - Propensity to commit violent offences - Risk to the community Drug Court Act 1998 (NSW) S7(2) - "eligible person"

Judgment of
His Honour Judge Neil Milson
Decision date
14 May 2001

R v Sheedy (No.2) [2001] NSWDRGC 14

Catchwords:

:- Discretion under s7(2) - seriousness of offences - risk to community - finding of appropriateness to enter into a Drug Court program

Judgment of
His Honour Judge Neil Milson
Decision date
13 December 2001

R v Riquelme [2001] NSWDRGC 8

Catchwords:

:- Drug Court Act - Revocation of s12 bonds under the Crimes (Sentencing Procedure) Act 1999 - no jurisdiction

Judgment of
Her Honour Senior Judge Gay Murrell SC
Decision date
29 September 2001

R v Ali [2001] NSWDRGC 1

Catchwords:

Accused's Antecedents - Discretion - Drug Court Act 1998 (NSW) - Risk to Community :- Whether there needs to be a relationship of offence charged with drug taking or abuse - Whether dangerous driving may constitute violent conduct - Propensity to commit similar offences - Risk to the community as a factor influencing appropriateness to enter program

Judgment of
His Honour Judge Neil Milson
Decision date
21 February 2001

R v Uong [2001] NSWDRGC 12

Catchwords:

Drug Court Act 1998 (NSW) - Meaning of Eligible Person :- "usual place of residence"

Judgment of
Her Honour Senior Judge Gay Murrell SC
Decision date
31 October 2001

R v Cook [2001] NSWDRGC 9

Catchwords:

:- Drug Court Act 1998 - section 5 - "an offence involving violent conduct" - s7(2) discretion - antecedents

Judgment of
Her Honour Senior Judge Gay Murrell SC
Decision date
04 October 2001

R v Ahmad [2001] NSWDRGC 7

Catchwords:

:- Drug Court Act 1998 (NSW) - Eligible person - "charged with an offence involving violent conduct" - whether s5(2)(b) applies to offences not referred to the Court

Judgment of
His Honour Judge Neil Milson
Decision date
09 July 2001

R v Lhotsky [2000] NSWDRGC 1

Catchwords:

Drug Court Act 1998 (NSW) - No Useful Purpose - Termination :-

Decision date
21 February 2000

Regina v Le, Quang [1999] NSWDRGC 11

Catchwords:

Discretion - Drug Court Act 1998 (NSW) :- Cancellation of Periodic Detention Order

Judgment of
Her Honour Senior Judge Gay Murrell SC
Decision date
24 February 1999

R v Ranse [1999] NSWDRGC 2

Catchwords:

Accused's Antecedents - Discretion - Meaning of Eligible Person - Violent Conduct :- Whether the accused is an "eligible person" under the Drug Court Act 1998 - whether having regard to the accused's antecedents it would be appropriate for the accused to participate in a Drug Court program - whether the Court ought to exercise its discretion to proceed to sentence the accused under s7(2). Drug Court Act 1998 (NSW) s5(2) "violent conduct" s7(2) Crimes Act 1900 (NSW) s94

Judgment of
at 1
Decision date
15 March 1999

Decision number not in use [1999] NSWDRGC 1

Catchwords:

Decision date

R v Darrant [1999] NSWDRGC 7

Catchwords:

Discretion - Drug Court Act 1998 (NSW) - Meaning of Eligible Person - Violent Conduct :- Whether the accused is an "eligible person" under the Drug Court Act 1998 - whether the offence of armed robbery necessarily "involves violent conduct"- whether the Court ought to exercise its discretion to proceed to sentence the accused under s7(2). Drug Court Act 1998 (NSW) s5(2) "violent conduct" s7(2) Crimes Act 1900 (NSW) s97

Judgment of
at 1
Decision date
18 June 1999

R v Sloane [1999] NSWDRGC 10

Catchwords:

Drug Court Act 1998 (NSW) - No Useful Purpose - Termination :- Whether there is no useful purpose to be served in the drug offender's further participation in a program.

Judgment of
at 1
Decision date
06 December 1999

R v Horwood [1999] NSWDRGC 8

Catchwords:

Drug Court Act 1998 (NSW) - Meaning of Eligible Person - No Useful Purpose - Violent Conduct :- Whether the accused is an "eligible person" under the Drug Court Act 1998 - whether an offence of malicious damage by fire involved "violent conduct".

Judgment of
His Honour Judge Neil Milson at 1
Decision date
18 August 1999

R v Wilson [1999] NSWDRGC 4

Catchwords:

Convict and Sentence - Drug Court Act 1998 (NSW) - Justices Act 1900 (NSW) - Section 80AA Warrant Matters :- The Drug Court has power under s7(2) of the Drug Court Act 1998 to sentence a referred offender when the referring court has already made a finding of guilt.

Judgment of
at 1
Decision date
25 February 1999

R v Grainger [1999] NSWDRGC 9

Catchwords:

Drug Court Act 1998 (NSW) - No Useful Purpose - Termination :- Whether there is no useful purpose to be served in the participant's further participation in a program.

Judgment of
at 1
Decision date
11 August 1999

R v Sloane [1999] NSWDRGC 3

Catchwords:

Accused's Antecedents - Discretion - Drug Court Act 1998 (NSW) - Meaning of Eligible Person - Violent Conduct :- Whether the accused is an eligible person under the Drug Court Act 1998 - "offence involving violent conduct" - whether having regard to the accused's antecedents it would be appropriate for him to participate in a Drug Court program Drug Court Act 1998 (NSW) s5(2) "violent conduct" s7(2) Crimes Act 1900 (NSW) s94

Judgment of
His Honour Judge Neil Milson at 1
Decision date
13 April 1999

R v Armanios [1999] NSWDRGC 5

Catchwords:

Drug Court Act 1998 (NSW) - Meaning of Eligible Person - Violent Conduct :- Whether the accused is an "eligible person" under the Drug Court Act 1998 - whether an offence under s 97 of the Crimes Act 1900 is an offence involving "violent conduct"

Judgment of
His Honour Judge Neil Milson at 1
Decision date
12 May 1999

R v Chandler [1999] NSWDRGC 6

Catchwords:

Dependent on Prohibited Drug - Drug Court Act 1998 (NSW) - Meaning of Eligible Person - Violent Conduct :- Whether the accused is an "eligible person" under the Drug Court Act 1998 - whether he "appears to be dependent on prohibited drugs" - whether the offence of dangerous driving occasioning death "involves violent conduct". Drug Court Act 1998 (NSW) s3(1) s5(1) " appears to be dependent on prohibited drugs" s5(2) "violent conduct"

Judgment of
Her Honour Senior Judge Gay Murrell SC
Decision date
16 June 1999

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