In the matter of Bradley Hatfield [2008] NSWDRGC 1

In the matter of Bradley Hatfield [2008] NSWDRGC 1

Mr Hatfield was eligible for parole, had a positive Probation and Parole report, had progressed to Stage 3 of his CDTO, had strong family support, full-time employment and suitable post-release plans, and his release subject to conditions was appropriate in the public interest. Refusing parole to keep him on the CDTO would provide no particular advantage to the community and could disadvantage both the community and Mr Hatfield because pharmacotherapy would not be available on Stage 3 of the CDTO but would be available in a parole setting. Parole would cause the CDTO to expire on the release date under s 106E.

Jurisdiction
Australia
Judgment Date
30 January 2008
Procedural Posture
Parole Determination for Offender Subject to a Compulsory Drug Treatment Order / Non Parole Period Nearing Expiry; Consideration of Parole and Progression to Stage 3 of CDTO
Outcome
Parole granted effective from 8 March 2008; Personal Plan for progression to Stage 3 approved and Community Supervision Order made.
Legal Topics
['compulsory Drug Treatment Order' 'drug Court Parole Jurisdiction' 'public Interest Test for Parole' 'expiry of CDTO on Release on Parole' 'pharmacotherapy Availability on Parole']
['criminal Law' 'parole' 'sentencing Administration' 'drug Treatment Orders'] ['compulsory Drug Treatment Order' 'drug Court Parole Jurisdiction' 'public Interest Test for Parole' 'expiry of CDTO on Release on Parole' 'pharmacotherapy Availability on Parole']

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Procedural Posture

Parole Determination for Offender Subject to a Compulsory Drug Treatment Order / Non Parole Period Nearing Expiry; Consideration of Parole and Progression to Stage 3 of CDTO

Legal Issues

  1. 1 ['Whether Mr Bradley Hatfield should be granted parole when his non-parole period expires on 8 March 2008.' "Whether release on parole would cause Mr Hatfield's Compulsory Drug Treatment Order to expire under s 106E of the Crimes (Administration of Sentences) Act 1999." "Whether Mr Hatfield's release on parole is appropriate in the public interest, having regard to community safety and public confidence in the administration of justice."]

Ratio Decidendi

Mr Hatfield was eligible for parole, had a positive Probation and Parole report, had progressed to Stage 3 of his CDTO, had strong family support, full-time employment and suitable post-release plans, and his release subject to conditions was appropriate in the public interest. Refusing parole to keep him on the CDTO would provide no particular advantage to the community and could disadvantage both the community and Mr Hatfield because pharmacotherapy would not be available on Stage 3 of the CDTO but would be available in a parole setting. Parole would cause the CDTO to expire on the release date under s 106E.

Court Disposition

Parole granted effective from 8 March 2008; Personal Plan for progression to Stage 3 approved and Community Supervision Order made.

Orders

  • ['The Personal Plan for Mr Hatfield to progress to Stage 3 is approved, and the Community Supervision Order is made.' 'Parole will be granted, effective from 8 March 2008. The grant of parole will cause his CDTO to expire on that date.' 'The parole conditions are as attached, and include additional conditions over...