R v Sheedy (No.1) [2001] NSWDRGC 13

R v Sheedy (No.1) [2001] NSWDRGC 13

The hearing was an exercise of jurisdiction under the Drug Court Act 1998 to determine eligibility and appropriateness for a Drug Court program, not an exercise of the criminal jurisdiction of the District Court or a Local Court. Section 26 therefore applied, and the Drug Court was not bound by the rules of evidence and could inform itself as it considered appropriate, subject to fairness and the applicant's opportunity to challenge and test the information. The police materials and bail transcript could be placed before the Court.

Jurisdiction
Australia
Judgment Date
12 December 2001
Procedural Posture
Drug Court Act 1998 Eligibility Proceeding / Hearing on Objection to Admissibility of Police Statements, Annexures and a Supreme Court Bail Application Transcript
Outcome
Objection to the tender of the documents was rejected; the documents sought to be tendered were allowed to be placed before the Court.
Legal Topics
['drug Court Program Eligibility' 'admissibility of Evidence' 'proceedings Under the Drug Court Act 1998' 'proceedings Not Bound by Rules of Evidence']
['criminal Law' 'drug Court Procedure' 'evidence'] ['drug Court Program Eligibility' 'admissibility of Evidence' 'proceedings Under the Drug Court Act 1998' 'proceedings Not Bound by Rules of Evidence']

Case Brief

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Procedural Posture

Drug Court Act 1998 Eligibility Proceeding / Hearing on Objection to Admissibility of Police Statements, Annexures and a Supreme Court Bail Application Transcript

Legal Issues

  1. 1 ['Whether police statements, annexures and a Supreme Court bail application transcript could be received in a Drug Court hearing to determine eligibility and appropriateness for a Drug Court program.' 'Whether s26 of the Drug Court Act 1998 applied to the hearing so that the Drug Court was not bound by the rules of evidence.']

Ratio Decidendi

The hearing was an exercise of jurisdiction under the Drug Court Act 1998 to determine eligibility and appropriateness for a Drug Court program, not an exercise of the criminal jurisdiction of the District Court or a Local Court. Section 26 therefore applied, and the Drug Court was not bound by the rules of evidence and could inform itself as it considered appropriate, subject to fairness and the applicant's opportunity to challenge and test the information. The police materials and bail transcript could be placed before the Court.

Court Disposition

Objection to the tender of the documents was rejected; the documents sought to be tendered were allowed to be placed before the Court.

Orders

  • ['The documents sought to be tendered are allowed to be placed before the Court.' 'The Court will refrain from reading the police statements until it has heard from the witnesses.']