R v Horwood [1999] NSWDRGC 8

R v Horwood [1999] NSWDRGC 8

The prisoner's conduct in smashing windows with his boot and with a stick, setting or being involved in a fire, and yelling encouragement of the fire while others attempted to extinguish it formed a continuous course of conduct of great violence and amounted to "violent conduct" within s5(2) of the Drug Court Act 1998, so he was not an eligible person.

Jurisdiction
Australia
Judgment Date
18 August 1999
Procedural Posture
Drug Court Eligibility Determination / Matter Referred From the District Court to Determine Whether the Prisoner Is an Eligible Person Under S5(2) of the Drug Court Act 1998
Outcome
The prisoner was held not to be an eligible person and the matter was remitted to the District Court.
Legal Topics
['eligible Person' 'violent Conduct' 'malicious Damage by Fire']
['criminal Law' 'drug Court'] ['eligible Person' 'violent Conduct' 'malicious Damage by Fire']

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Procedural Posture

Drug Court Eligibility Determination / Matter Referred From the District Court to Determine Whether the Prisoner Is an Eligible Person Under S5(2) of the Drug Court Act 1998

Legal Issues

  1. 1 ['Whether the prisoner is an eligible person within the meaning of s5(2) of the Drug Court Act 1998.' 'Whether an offence of malicious damage by fire involved violent conduct for the purposes of s5(2)(b) of the Drug Court Act 1998.']

Ratio Decidendi

The prisoner's conduct in smashing windows with his boot and with a stick, setting or being involved in a fire, and yelling encouragement of the fire while others attempted to extinguish it formed a continuous course of conduct of great violence and amounted to "violent conduct" within s5(2) of the Drug Court Act 1998, so he was not an eligible person.

Court Disposition

The prisoner was held not to be an eligible person and the matter was remitted to the District Court.

Orders

  • ['The prisoner is not an eligible person.' 'The matter is to be remitted to the District Court.']