In the matter of WHITE [2012] NSWDRGC 1

In the matter of WHITE [2012] NSWDRGC 1

Notwithstanding a history of recidivism and recent re-offending post-parole, Mr White remains a suitable and appropriate person for a second CDTO under the statute and the objects of the scheme, with treatment plans and supervision level to reflect his recent history.

Parties
Prosecution: Crown; Offender: Michael White
Jurisdiction
Australia
Judgment Date
03 April 2012
Procedural Posture
Application for Compulsory Drug Treatment Order / Determination of Suitability and Appropriateness for Second CDTO
Outcome
Application granted
Legal Topics
Compulsory Drug Treatment Order, Eligible Convicted Offender, Suitability, Appropriateness, Recidivism
Criminal Law Sentencing Drug Court Compulsory Drug Treatment Order Eligible Convicted Offender Suitability Appropriateness Recidivism

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Parties

Crown

Prosecution

Michael White

Offender

Procedural Posture

Application for Compulsory Drug Treatment Order / Determination of Suitability and Appropriateness for Second CDTO

Legal Issues

  1. 1 Is Mr White a suitable and appropriate person for a second Compulsory Drug Treatment Order (CDTO)?
  2. 2 Does the legislation and policy support the making of a second CDTO in circumstances of recidivist offending post-parole?

Ratio Decidendi

Notwithstanding a history of recidivism and recent re-offending post-parole, Mr White remains a suitable and appropriate person for a second CDTO under the statute and the objects of the scheme, with treatment plans and supervision level to reflect his recent history.

Court Disposition

Application granted

Orders

  • Mr White is found to be a suitable and appropriate person for a second Compulsory Drug Treatment Order (CDTO).