R v Sloane [1999] NSWDRGC 3

R v Sloane [1999] NSWDRGC 3

A person charged under s94 of the Crimes Act 1900 (NSW) with a robbery involving a threat (but not the actual use) of physical force is not thereby excluded from being an 'eligible person' for the purposes of s5 of the Drug Court Act 1998 (NSW). However, having regard to the accused's antecedents and the facts of prior offences, there is a significant prospect he may conduct himself in a violent or seriously threatening manner while on a Drug Court program, and therefore it is not appropriate at this stage for him to participate.

Parties
Prosecution: Crown; Accused: Robert Sloane
Jurisdiction
Australia
Judgment Date
13 April 1999
Procedural Posture
Criminal / Preliminary Determination Regarding Eligibility for Drug Court Program
Outcome
The accused is not presently found eligible for participation in a Drug Court program, subject to the opportunity to present further material regarding risk of violence.
Legal Topics
Drug Court Eligibility, Robbery, Violent Conduct, Antecedents, Drug Court Act 1998 (nsw)
Criminal Law Drug Court Eligibility Robbery Violent Conduct Antecedents Drug Court Act 1998 (nsw)

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Parties

Crown

Prosecution

Robert Sloane

Accused

Procedural Posture

Criminal / Preliminary Determination Regarding Eligibility for Drug Court Program

Legal Issues

  1. 1 Whether the accused is excluded from the definition of 'eligible person' under s5(2) of the Drug Court Act 1998 (NSW) due to being charged with an offence involving violent conduct
  2. 2 Whether, having regard to the accused's antecedents, it would be appropriate for him to participate in a Drug Court program under s7(2)(b)

Ratio Decidendi

A person charged under s94 of the Crimes Act 1900 (NSW) with a robbery involving a threat (but not the actual use) of physical force is not thereby excluded from being an 'eligible person' for the purposes of s5 of the Drug Court Act 1998 (NSW). However, having regard to the accused's antecedents and the facts of prior offences, there is a significant prospect he may conduct himself in a violent or seriously threatening manner while on a Drug Court program, and therefore it is not appropriate at this stage for him to participate.

Court Disposition

The accused is not presently found eligible for participation in a Drug Court program, subject to the opportunity to present further material regarding risk of violence.