In the matter of David Sharp [2007] NSWDRGC 1

In the matter of David Sharp [2007] NSWDRGC 1

Given the evidence of violence and threats by Mr Sharp, together with the legislative demand for non-violence and the recommendation for revocation by the Commissioner, the Compulsory Drug Treatment Order is to be revoked due to unacceptable risk posed and breach of fundamental program conditions.

Jurisdiction
Australia
Judgment Date
08 February 2007
Procedural Posture
Review of Removal and Revocation of Compulsory Drug Treatment Order / Decision on Review and Revocation
Outcome
Compulsory Drug Treatment Order for David Sharp revoked
Legal Topics
['compulsory Drug Treatment' 'removal From Correctional Centre' 'revocation of Orders' 'violence by Participants']
['criminal Law' 'corrections' 'drug Treatment'] ['compulsory Drug Treatment' 'removal From Correctional Centre' 'revocation of Orders' 'violence by Participants']

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Procedural Posture

Review of Removal and Revocation of Compulsory Drug Treatment Order / Decision on Review and Revocation

Legal Issues

  1. 1 ['Whether the Compulsory Drug Treatment Order (CDTO) for David Sharp should be revoked following his removal from the Compulsory Drug Treatment Correctional Centre for violence against another participant.' 'Whether the statutory mandates and recommendations of the Commissioner should be given substantial weight in deciding revocation.']

Ratio Decidendi

Given the evidence of violence and threats by Mr Sharp, together with the legislative demand for non-violence and the recommendation for revocation by the Commissioner, the Compulsory Drug Treatment Order is to be revoked due to unacceptable risk posed and breach of fundamental program conditions.

Court Disposition

Compulsory Drug Treatment Order for David Sharp revoked

Orders

  • ['The Compulsory Drug Treatment Order for Mr Sharp is revoked.']