New South Wales Consolidated Acts

DRUG COURT ACT 1998 - SECT 15

15 Sentences imposed by Drug Court

(1) The sentences that may be imposed by the Drug Court under this Part are as follows:

(a) in the case of an indictable offence (including an indictable offence for which an election to have the offence dealt with on indictment has been duly made under Chapter 5 of the Criminal Procedure Act 1986 ), any penalty that could have been imposed by the District Court had the offence been dealt with on indictment by the District Court,

(b) in the case of a summary offence (including an indictable offence for which an election to have the offence dealt with on indictment has not been duly made under Chapter 5 of the Criminal Procedure Act 1986 ), any penalty that could have been imposed by the Local Court had the offence been dealt with summarily by the Local Court.

(2) Except for the purposes of the Criminal Appeal Act 1912 , a person sentenced by the Drug Court for an offence referred to in subsection (1) (a) is taken to have been convicted of the offence on indictment.

(3) The provisions of section 58 of the Crimes (Sentencing Procedure) Act 1999 do not apply to a sentence imposed on a person under this Act by the Drug Court as referred to in subsection (1) (b) if that sentence is imposed for an offence committed while the person was participating in a program under this Act.

(4) The provisions of Division 3 (Taking further offences into account) of Part 3 of the Crimes (Sentencing Procedure) Act 1999 apply in relation to a relevant conviction of a person for an offence as if:

(a) the person had been charged, but not convicted, of the offence, and

(b) the person had admitted guilt for the offence for the purposes of section 33 (2) (a) (i) of the Crimes (Sentencing Procedure) Act 1999 .

(5) In this section, "relevant conviction" of a person for an offence means the conviction of the person by a court (other than the Drug Court) for the offence under any of the following provisions for which the person has not been sentenced by that court:

(a) section 75B of the Justices Act 1902 ,

(b) section 196 of the Criminal Procedure Act 1986 (as inserted by the Criminal Procedure Amendment (Justices and Local Courts) Act 2001 ).