Eligibility under s 5(2)(b) of the Drug Court Act 1998 is determined solely by the elements of the offence charged, not the circumstances of the offending conduct; the prosecution is held to its election as to the charge laid. 'Violent conduct' in s 5(2)(b) means violence to the person and does not extend to damage to property. However, the Drug Court retains a discretion under s 7A to decline to admit an otherwise eligible person, which may take into account violent conduct or property damage not inherent in the elements of the offence.
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