R v Wilson [1999] NSWDRGC 4

The Court held that it has power under s7(2) of the Drug Court Act 1998 to sentence a referred offender even where the referring court has already made a finding of guilt.

Jurisdiction: Australia
Judgment Date: 25 February 1999
Procedural Posture: Criminal / Conviction and Sentencing Hearing
Outcome: Court has jurisdiction to sentence under s7(2) when the referring court made a finding of guilt.
Legal Topics: ['sentencing Powers of Drug Court' "interpretation of 'convict' and 'conviction'" 'jurisdiction and Functions of Drug Court']

['criminal Law' 'drug Law'] ['sentencing Powers of Drug Court' "interpretation of 'convict' and 'conviction'" 'jurisdiction and Functions of Drug Court']

Case Brief

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Procedural Posture

Criminal / Conviction and Sentencing Hearing

Legal Issues

1 ['Whether the Drug Court has power under s7(2) of the Drug Court Act 1998 to sentence a referred offender after the referring court has already made a finding of guilt.']

Ratio Decidendi

The Court held that it has power under s7(2) of the Drug Court Act 1998 to sentence a referred offender even where the referring court has already made a finding of guilt.

Court Disposition

Court has jurisdiction to sentence under s7(2) when the referring court made a finding of guilt.

Orders

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