How Full-Time Residential Drug Rehabilitation Can Influence Your Sentence in New South Wales

In New South Wales (NSW), time spent in a residential rehabilitation program prior to sentencing can be recognised as “quasi-custody,” potentially leading to a reduction in the custodial component of a sentence. This consideration acknowledges both the restrictive nature of such programs and the offender’s commitment to rehabilitation.

Legal Framework

Under Section 24 of the Crimes (Sentencing Procedure) Act 1999 (NSW), courts must consider any period during which an offender has been held in custody concerning the offence. While the Act does not explicitly mention residential rehabilitation, NSW courts have interpreted participation in such programs as a form of quasi-custody, especially when the conditions are significantly restrictive.

If you are facing charges, especially related to drug offences, speaking with experienced Drug Lawyers Sydney clients rely on is essential to ensure your time in rehab is appropriately considered during sentencing.

Key Case Law

• R v Delaney [2003] NSWCCA 342: The court ruled that residential rehabilitation could be treated as quasi-custody, particularly if the environment is highly structured and imposes significant restrictions on the individual’s freedom. https://www.caselaw.nsw.gov.au/decision/549fb3e23004262463b8aa9f
• Reddy v R [2018] NSWCCA 212: The NSW Court of Criminal Appeal clarified that voluntary participation in a rehabilitation program does not disqualify it from being considered quasi-custody. The key factor is the level of restriction imposed by the program, not whether the offender voluntarily attended. https://www.caselaw.nsw.gov.au/decision/5bab0e24e4b06629b6c62307
• Kelly v R [2018] NSWCCA 44 : This case established factors relevant to determining whether time in rehabilitation qualifies as quasi-custody, including the residential nature of the program, the strictness of its rules, the limitations on personal freedom, and the rehabilitative structure of the program. https://www.caselaw.nsw.gov.au/decision/5ab08b5ee4b087b8baa87ba5

The Court’s Discretion in Sentencing

In NSW, courts have the discretion to factor in time spent in rehabilitation when determining sentencing. This practice highlights the legal system’s recognition of the offender’s rehabilitative efforts and the restrictive nature of such programs. Judges primarily assess:

• The conditions of the rehabilitation program.
• The offender’s progress and prospects for rehabilitation.
• The impact of the program on the individual’s liberty.

How Oxford Lawyers Can Assist

At Oxford Lawyers, we work closely with clients facing drug-related charges to address the underlying causes of their offending. Often, drug possession or supply offences stem from severe addiction, and addressing this issue can positively influence sentencing outcomes.

To support our clients, we assist in:

• Contacting full-time rehabilitation centres and finding appropriate programs.
• Organising assessment interviews to determine eligibility for rehabilitation.
• Facilitating enrolment and obtaining official confirmation of participation in drug and alcohol rehabilitation programs.
• Preparing release applications that require the client to reside at a full-time residential rehabilitation facility and comply with all program directives.

Contact Oxford Lawyers for Expert Legal Representation

If you are facing a drug charge in Sydney, seeking expert legal advice is crucial. At Oxford Lawyers, we meticulously prepare each case to ensure our clients receive the best possible outcome. Whether you need guidance or support from experienced Drug Defence Lawyers, our team is here to help.

We are committed to securing rehabilitation opportunities for clients who need treatment, helping them demonstrate their commitment to reform while advocating for reduced sentencing.

Contact us today to discuss your case and explore your legal options.