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.
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".
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"
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
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.
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”
:- 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.
:- 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.
:- 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.
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.
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.
:- 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
:- 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
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"
:- 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
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"
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"
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
:- 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
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
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
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.
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".
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.
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.
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
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"
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"