Offences under s 52A of the Crimes Act 1900 (NSW) (dangerous driving occasioning death or grievous bodily harm) are 'offences involving violent conduct' within s 5(2)(b) of the Drug Court Act 1998 (NSW), rendering persons charged with such offences ineligible for the Drug Court program. The test under s 5(2)(b) turns on the elements of the offence charged, not the particular circumstances of the offending. Neither the absence of intention to cause violence nor the use of an instrument (vehicle) to cause violence prevents the conduct from being characterised as 'violent conduct'.
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