R v Darrant [1999] NSWDRGC 7

R v Darrant [1999] NSWDRGC 7

The accused was not rendered ineligible under s5(2)(b) because "violent conduct" requires the actual use of physical force and a threat of violence in the charged armed robbery did not constitute violent conduct. The seriousness of the offence or the fact that it involved a threat of violence did not, on the material before the Court, justify declining to proceed under s7(2), particularly where offences against s97 of the Crimes Act 1900 (NSW) were not excluded by the legislation.

Jurisdiction
Australia
Judgment Date
18 June 1999
Procedural Posture
Preliminary Argument on Eligibility and Discretion Under the Drug Court Act 1998 (nsw) Following Referral From the Penrith District Court / Preliminary Argument Under S 7(2)
Outcome
The Court was satisfied that the accused was not rendered ineligible by s5(2)(b) and that it should not decline to sentence the accused under s7(2).
Legal Topics
['drug Court Eligibility' 'violent Conduct' 'armed Robbery' 'discretion to Proceed to Sentence Under S7(2)']
['criminal Law' 'drug Court Procedure'] ['drug Court Eligibility' 'violent Conduct' 'armed Robbery' 'discretion to Proceed to Sentence Under S7(2)']

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Procedural Posture

Preliminary Argument on Eligibility and Discretion Under the Drug Court Act 1998 (nsw) Following Referral From the Penrith District Court / Preliminary Argument Under S 7(2)

Legal Issues

  1. 1 ['Whether the accused is an eligible person within the meaning of s5 of the Drug Court Act 1998 (NSW).' 'Whether the offence of armed robbery necessarily involves violent conduct for the purposes of s5(2)(b) of the Drug Court Act 1998 (NSW).' 'Whether the Court should exercise its discretion against proceeding to sentence the accused under s7(2) because of the seriousness of the offence or the threat of violence involved.']

Ratio Decidendi

The accused was not rendered ineligible under s5(2)(b) because "violent conduct" requires the actual use of physical force and a threat of violence in the charged armed robbery did not constitute violent conduct. The seriousness of the offence or the fact that it involved a threat of violence did not, on the material before the Court, justify declining to proceed under s7(2), particularly where offences against s97 of the Crimes Act 1900 (NSW) were not excluded by the legislation.

Court Disposition

The Court was satisfied that the accused was not rendered ineligible by s5(2)(b) and that it should not decline to sentence the accused under s7(2).

Orders

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