R v Gordon [2023] NSWDRGC 1

R v Gordon [2023] NSWDRGC 1

Mr Gordon's address at 18 Wheelers Lane, Dubbo, is available for him as a habitual place of residence within the meaning of 'usual place of residence' for the purposes of eligibility for the Drug Court program, considering his community ties, familial connections, and ability to be intensively supervised in Dubbo, as required by the program.

Parties
Prosecutor: Regina (Crown); Offender: Stephen Gordon
Jurisdiction
Australia
Judgment Date
19 June 2023
Procedural Posture
Procedural Ruling / Eligibility Determination for Drug Court Program
Outcome
Eligibility satisfied; address meets criteria for Drug Court program
Legal Topics
Drug Court Eligibility, Usual Place of Residence, Indigenous Considerations in Sentencing
Criminal Law Drug Law Procedural Law Drug Court Eligibility Usual Place of Residence Indigenous Considerations in Sentencing

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Parties

Regina (Crown)

Prosecutor

Stephen Gordon

Offender

Procedural Posture

Procedural Ruling / Eligibility Determination for Drug Court Program

Legal Issues

  1. 1 Whether Mr Gordon's address meets the 'usual place of residence' criteria for eligibility under the Drug Court Act 1998 (NSW) and Regulation 2020 (NSW)

Ratio Decidendi

Mr Gordon's address at 18 Wheelers Lane, Dubbo, is available for him as a habitual place of residence within the meaning of 'usual place of residence' for the purposes of eligibility for the Drug Court program, considering his community ties, familial connections, and ability to be intensively supervised in Dubbo, as required by the program.

Court Disposition

Eligibility satisfied; address meets criteria for Drug Court program

Orders

  • The address at 18 Wheelers Lane, Dubbo, meets the usual place of residence criteria for the purpose of Mr Gordon's eligibility for the Drug Court program