R v Grainger [1999] NSWDRGC 9

R v Grainger [1999] NSWDRGC 9

Although the participant had breached his program and allegedly committed further offences, the Court was not affirmatively satisfied that there was no useful purpose to be served by his further participation, particularly given evidence that a treatment plan had reasonable prospects of improving his psychological, social and drug dependency status.

Jurisdiction
Australia
Judgment Date
11 August 1999
Procedural Posture
Drug Court Program Termination Determination / Determination Whether to Terminate the Participant's Drug Court Program Under S10(1)(b) of the Drug Court Act 1998
Outcome
The Court was not satisfied that there was no useful purpose to be served in the participant's further participation in the program.
Legal Topics
['drug Court Program Termination' 'failure to Comply With Program' 'no Useful Purpose' 'drug Dependency' 're Offending While on Program']
['criminal Law' 'drug Court'] ['drug Court Program Termination' 'failure to Comply With Program' 'no Useful Purpose' 'drug Dependency' 're Offending While on Program']

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Procedural Posture

Drug Court Program Termination Determination / Determination Whether to Terminate the Participant's Drug Court Program Under S10(1)(b) of the Drug Court Act 1998

Legal Issues

  1. 1 ['Whether the participant failed to comply with his Drug Court program.' "Whether the Court was satisfied that there was no useful purpose to be served in the participant's further participation in the program."]

Ratio Decidendi

Although the participant had breached his program and allegedly committed further offences, the Court was not affirmatively satisfied that there was no useful purpose to be served by his further participation, particularly given evidence that a treatment plan had reasonable prospects of improving his psychological, social and drug dependency status.

Court Disposition

The Court was not satisfied that there was no useful purpose to be served in the participant's further participation in the program.

Orders

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