R v Chandler [1999] NSWDRGC 6

R v Chandler [1999] NSWDRGC 6

The accused is ineligible for sentence under Drug Court Act 1998 (NSW) s7(2) because the charged offences involve violent conduct (being actual use of force as required by statute and as previously defined in authority), although the accused does appear to be dependent on the use of prohibited drugs within s5(1)(d) of the Act.

Jurisdiction
Australia
Judgment Date
16 June 1999
Procedural Posture
Criminal / Preliminary Eligibility Hearing for Drug Court Sentence Referral
Outcome
Application dismissed; the accused is ineligible for Drug Court sentencing due to violent conduct exclusion.
Legal Topics
['drug Court Act 1998 (nsw)' 'eligibility for Drug Court Program' 'dependence on Prohibited Drugs' 'violent Conduct Exclusion']
['criminal Law' 'drug Law' 'sentencing'] ['drug Court Act 1998 (nsw)' 'eligibility for Drug Court Program' 'dependence on Prohibited Drugs' 'violent Conduct Exclusion']

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Procedural Posture

Criminal / Preliminary Eligibility Hearing for Drug Court Sentence Referral

Legal Issues

  1. 1 ["Whether the accused is an 'eligible person' under the Drug Court Act 1998 (NSW) s5(1)" "Whether the accused 'appears to be dependent on prohibited drugs'" 'Whether the offence involves violent conduct under s5(2)(b) of the Drug Court Act 1998 (NSW)']

Ratio Decidendi

The accused is ineligible for sentence under Drug Court Act 1998 (NSW) s7(2) because the charged offences involve violent conduct (being actual use of force as required by statute and as previously defined in authority), although the accused does appear to be dependent on the use of prohibited drugs within s5(1)(d) of the Act.

Court Disposition

Application dismissed; the accused is ineligible for Drug Court sentencing due to violent conduct exclusion.

Orders

  • []