R v Riquelme [2001] NSWDRGC 8

R v Riquelme [2001] NSWDRGC 8

The Drug Court has no jurisdiction to exercise its special sentencing options on revocation of a s12 bond imposed under the Crimes (Sentencing Procedure) Act 1999; its powers in relation to s12 revocation are limited to those expressly provided in the Crimes (Sentencing Procedure) Act.

Jurisdiction
Australia
Judgment Date
29 September 2001
Procedural Posture
Criminal / Preliminary Decision on Legal Issue
Outcome
no jurisdiction to exercise Drug Court special sentencing options in s12 revocation matter
Legal Topics
['revocation of S12 Bonds' 'drug Court Jurisdiction' 'suspended Sentences']
['criminal Law' 'sentencing'] ['revocation of S12 Bonds' 'drug Court Jurisdiction' 'suspended Sentences']

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Procedural Posture

Criminal / Preliminary Decision on Legal Issue

Legal Issues

  1. 1 ['Whether the Drug Court has jurisdiction to revoke a s12 bond imposed under the Crimes (Sentencing Procedure) Act 1999' 'Whether the Drug Court can apply its sentencing options to an offender following revocation of a s12 bond']

Ratio Decidendi

The Drug Court has no jurisdiction to exercise its special sentencing options on revocation of a s12 bond imposed under the Crimes (Sentencing Procedure) Act 1999; its powers in relation to s12 revocation are limited to those expressly provided in the Crimes (Sentencing Procedure) Act.

Court Disposition

no jurisdiction to exercise Drug Court special sentencing options in s12 revocation matter

Orders

  • []