R v Justin Moroney [2007] NSWDC 154

R v Justin Moroney [2007] NSWDC 154

The offender did not qualify as an eligible convicted offender for the compulsory Drug Court rehabilitation program because his adult record did not include two prior convictions within section 5A(1)(c) of the Drug Court Act, and juvenile probation orders made without conviction could not be treated as convictions or as qualifying good behaviour bonds or recognizances. The Court therefore proceeded to sentence him for robbery in company with corporal violence.

Jurisdiction
Australia
Judgment Date
02 April 2007
Procedural Posture
Criminal Sentence / Sentencing for Robbery in Company With Corporal Violence After Section 11 Bail Was Revoked; the Court Also Considered Whether the Offender Qualified as an Eligible Convicted Offender for the Compulsory Drug Court Rehabilitation Program.
Outcome
Sentenced for robbery in company with corporal violence; found not to qualify as an eligible convicted offender for the compulsory Drug Court rehabilitation program.
Legal Topics
['robbery in Company' 'section 11 Bail' 'drug Court Eligibility' 'eligible Convicted Offender' 'juvenile Record' 'probation Without Conviction' 'meaning of Conviction' 'mental Condition and Participation in Drug Treatment Program']
['criminal Law' 'sentencing'] ['robbery in Company' 'section 11 Bail' 'drug Court Eligibility' 'eligible Convicted Offender' 'juvenile Record' 'probation Without Conviction' 'meaning of Conviction' 'mental Condition and Participation in Drug Treatment Program']

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Procedural Posture

Criminal Sentence / Sentencing for Robbery in Company With Corporal Violence After Section 11 Bail Was Revoked; the Court Also Considered Whether the Offender Qualified as an Eligible Convicted Offender for the Compulsory Drug Court Rehabilitation Program.

Legal Issues

  1. 1 ['Whether the sentence should be fixed so as to permit referral of the offender to the compulsory Drug Court rehabilitation program.' 'Whether the offender had the requisite number of convictions under section 5A(1)(c) of the Drug Court Act (1998).' 'Whether juvenile probation orders made without conviction constituted convictions or entries into a good behaviour bond or recognizance for the purposes of section 5A of the Drug Court Act (1998).' "Whether the offender's serious mental condition should exclude him from Drug Court eligibility."]

Ratio Decidendi

The offender did not qualify as an eligible convicted offender for the compulsory Drug Court rehabilitation program because his adult record did not include two prior convictions within section 5A(1)(c) of the Drug Court Act, and juvenile probation orders made without conviction could not be treated as convictions or as qualifying good behaviour bonds or recognizances. The Court therefore proceeded to sentence him for robbery in company with corporal violence.

Court Disposition

Sentenced for robbery in company with corporal violence; found not to qualify as an eligible convicted offender for the compulsory Drug Court rehabilitation program.

Orders

  • ['Non-parole period of 15 months to date from 1 February 2007 and expire on 30 April 2008.' 'Balance of term of 9 months to expire on 30 January 2009.' 'Order that the accused be released to parole on 30 April 2008.' 'Recommend that parole conditions include close and intense supervision and that items discussed in...