R v Lapa [2004] NSWDRGC 1

R v Lapa [2004] NSWDRGC 1

The offence of intimidate a police officer, as constituted by threats lacking immediacy and not coupled with possession of an offensive weapon at the time of threat, does not amount to 'violent conduct' under section 5(2)(b) of the Drug Court Act. The offender is therefore eligible for the Drug Court program.

Jurisdiction
Australia
Judgment Date
16 September 2004
Procedural Posture
Application for Drug Court Program Eligibility / Eligibility Determination
Outcome
offender found eligible for Drug Court program
Legal Topics
['drug Court Eligibility' 'violent Conduct Definition']
['criminal Law' 'drug Law'] ['drug Court Eligibility' 'violent Conduct Definition']

Case Brief

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Procedural Posture

Application for Drug Court Program Eligibility / Eligibility Determination

Legal Issues

  1. 1 ["Whether the offence of intimidate a police officer constitutes 'violent conduct' under section 5(2)(b) of Drug Court Act 1998 (NSW) and thus excludes eligibility for the Drug Court program"]

Ratio Decidendi

The offence of intimidate a police officer, as constituted by threats lacking immediacy and not coupled with possession of an offensive weapon at the time of threat, does not amount to 'violent conduct' under section 5(2)(b) of the Drug Court Act. The offender is therefore eligible for the Drug Court program.

Court Disposition

offender found eligible for Drug Court program

Orders

  • ['The offender, Mr Lapa, is eligible for entry onto the Drug Court program under section 5 and section 7(2)(a) of the Drug Court Act 1998 (NSW)']