R v E [2005] NSWDRGC 1

R v E [2005] NSWDRGC 1

The elements of an offence under s 11E of the Summary Offences Act 1988 do not necessarily provide the complete answer to whether the charge is an offence involving violent conduct under s 5 of the Drug Court Act 1998, because the offence can be established without actual fear or a person of reasonable firmness being present. It was therefore necessary to consider Mr E's particular conduct. His use of knives to damage motor vehicles, possession of a large butcher knife and another knife when confronted by police, refusal to drop the knives after police demands, and the need for capsicum spray constituted violent conduct. He was charged with an offence involving violent conduct and was not...

Jurisdiction
Australia
Judgment Date
06 April 2005
Procedural Posture
Criminal Drug Court Eligibility Determination / Referral to the Drug Court on Charges and Call Up for Sentence on Breach of Bond
Outcome
Mr E was found not to be an eligible person for a Drug Court program.
Legal Topics
['offence Involving Violent Conduct' 'wielding a Knife in a Public Place' 'drug Court Program Eligibility']
['criminal Law' 'drug Court Eligibility'] ['offence Involving Violent Conduct' 'wielding a Knife in a Public Place' 'drug Court Program Eligibility']

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Procedural Posture

Criminal Drug Court Eligibility Determination / Referral to the Drug Court on Charges and Call Up for Sentence on Breach of Bond

Legal Issues

  1. 1 ['Whether Mr E was an eligible person under s 5 of the Drug Court Act 1998 given a charge of wielding a knife in a public place under s 11E(1)(a) of the Summary Offences Act 1988.' 'Whether the offence involved violent conduct for the purposes of s 5(2)(b) of the Drug Court Act 1998.' 'Whether the Court should determine violent conduct by the elements of the offence alone or by considering the particular conduct of the offender.']

Ratio Decidendi

The elements of an offence under s 11E of the Summary Offences Act 1988 do not necessarily provide the complete answer to whether the charge is an offence involving violent conduct under s 5 of the Drug Court Act 1998, because the offence can be established without actual fear or a person of reasonable firmness being present. It was therefore necessary to consider Mr E's particular conduct. His use of knives to damage motor vehicles, possession of a large butcher knife and another knife when confronted by police, refusal to drop the knives after police demands, and the need for capsicum spray constituted violent conduct. He was charged with an offence involving violent conduct and was not...

Court Disposition

Mr E was found not to be an eligible person for a Drug Court program.

Orders

  • ['The matters must be returned to the Local Court.']