Chandler v The Director of Public Prosecutions

Chandler appealed to the Court of Appeal of New South Wales against a decision of the Director of Public Prosecutions. The dispute concerned Chandler's eligibility for a program established under the *Drug Courts Act 1999* (NSW). This eligibility was contingent on the offence for which he was convicted not involving "violent conduct".

The central legal issue before the Court of Appeal was the interpretation of the phrase "violent conduct" as it appeared in the *Drug Courts Act 1999* (NSW). Specifically, the Court had to determine whether the offence of dangerous driving occasioning death, of which Chandler had been convicted, constituted "violent conduct" for the purposes of the Act, thereby disqualifying him from the program.

Powell JA, with whom Stein JA and Hodgson CJinEq agreed, reasoned that the ordinary meaning of "violent conduct" encompassed acts that involve physical force or aggression directed towards another person. His Honour concluded that while dangerous driving occasioning death is a serious offence with grave consequences, it does not inherently involve the direct application of physical force or aggression by the offender against the victim. Therefore, the conduct in question did not satisfy the statutory definition of "violent conduct".

The Court of Appeal allowed the appeal, finding that Chandler was not disqualified from participating in the Drug Court program by reason of his conviction for dangerous driving occasioning death.