R v Duggan [2001] NSWDRGC 5

R v Duggan [2001] NSWDRGC 5

For eligibility under the Drug Court Act 1998 (NSW), the usual place of residence is determined immediately prior to the applicant coming into custody; thus, time spent in custody within a prescribed area cannot create eligibility if the original residence was outside the prescribed area.

Parties
Prosecution: Regina; Offender: Adam John Duggan
Jurisdiction
Australia
Judgment Date
06 June 2001
Procedural Posture
Drug Court Eligibility Hearing / Eligibility Determination
Outcome
Application for Drug Court eligibility refused
Legal Topics
Drug Court Eligibility, Usual Place of Residence, Drug Court Act 1998 (nsw) Interpretation
Criminal Law Drug Court Eligibility Usual Place of Residence Drug Court Act 1998 (nsw) Interpretation

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Parties

Regina

Prosecution

Adam John Duggan

Offender

Procedural Posture

Drug Court Eligibility Hearing / Eligibility Determination

Legal Issues

  1. 1 Whether time spent in custody changes the 'usual place of residence' for eligibility under the Drug Court Act 1998 (NSW)
  2. 2 Interpretation of 'usual place of residence' in the context of custody

Ratio Decidendi

For eligibility under the Drug Court Act 1998 (NSW), the usual place of residence is determined immediately prior to the applicant coming into custody; thus, time spent in custody within a prescribed area cannot create eligibility if the original residence was outside the prescribed area.

Court Disposition

Application for Drug Court eligibility refused

Orders

  • The applicant is not an eligible person to enter a Drug Court program.