R v Partridge [2012] NSWDRGC 2

R v Partridge [2012] NSWDRGC 2

Mr Partridge had a usual place of residence within the Drug Court geographical limits at the crucial and relevant time when he was arrested for the offences referred to the Court. His later grant of conditional bail to an address outside the area, which he could not in fact occupy, and his subsequent custody did not remove the eligibility status he had by reason of his residence at the time of arrest.

Jurisdiction
Australia
Judgment Date
25 July 2012
Procedural Posture
Drug Court Program Eligibility Determination / Eligibility Hearing; Decision Reserved and Delivered
Outcome
Mackie Partridge is an eligible offender.
Legal Topics
['eligibility for Drug Court Program' 'usual Place of Residence' 'drug Court Catchment Area' 'beneficial Construction of Legislation']
['criminal Law' 'drug Court' 'sentencing'] ['eligibility for Drug Court Program' 'usual Place of Residence' 'drug Court Catchment Area' 'beneficial Construction of Legislation']

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Procedural Posture

Drug Court Program Eligibility Determination / Eligibility Hearing; Decision Reserved and Delivered

Legal Issues

  1. 1 ["Whether Mackie Partridge's usual place of residence was within the catchment area of the Drug Court for the purposes of eligibility for a Drug Court program." "At what point in time the Court should determine an offender's usual place of residence where the offender has been in custody and later granted conditional bail."]

Ratio Decidendi

Mr Partridge had a usual place of residence within the Drug Court geographical limits at the crucial and relevant time when he was arrested for the offences referred to the Court. His later grant of conditional bail to an address outside the area, which he could not in fact occupy, and his subsequent custody did not remove the eligibility status he had by reason of his residence at the time of arrest.

Court Disposition

Mackie Partridge is an eligible offender.

Orders

  • ['Mackie Partridge is an eligible offender.']