R v Uong [2001] NSWDRGC 12

R v Uong [2001] NSWDRGC 12

From August to October 2001, the offender chose to make his home base at Campsie, which was outside the Drug Court catchment area; therefore his usual place of residence was outside the catchment area and he was not an eligible person for placement on a Drug Court program.

Jurisdiction
Australia
Judgment Date
31 October 2001
Procedural Posture
Application for Admission to a Drug Court Program / Eligibility Determination
Outcome
The offender was found not to be an eligible person for admission to a Drug Court program.
Legal Topics
['eligible Person' 'usual Place of Residence' 'drug Court Catchment Area']
['criminal Law' 'drug Court'] ['eligible Person' 'usual Place of Residence' 'drug Court Catchment Area']

Case Brief

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Procedural Posture

Application for Admission to a Drug Court Program / Eligibility Determination

Legal Issues

  1. 1 ['Whether the offender was an eligible person within the meaning of s5 of the Drug Court Act 1998.' "Whether the offender's usual place of residence was in the Drug Court catchment area."]

Ratio Decidendi

From August to October 2001, the offender chose to make his home base at Campsie, which was outside the Drug Court catchment area; therefore his usual place of residence was outside the catchment area and he was not an eligible person for placement on a Drug Court program.

Court Disposition

The offender was found not to be an eligible person for admission to a Drug Court program.

Orders

  • ['The offender is not an eligible person.']