Bugmy v Director of Public Prosecutions (NSW) [2023] NSWSC 862

Supreme Court New South Wales

Medium Neutral Citation: Bugmy v Director of Public Prosecutions (NSW) [2023] NSWSC 862 Hearing dates: 3 July 2023 Date of orders: 25 July 2023 Decision date: 25 July 2023 Jurisdiction: Common Law Before: Wilson J Decision: 1. The amended summons filed on 19 June 2023 is dismissed. 2. No order as to costs. Catchwords: APPEAL – plaintiff found guilty of resisting officer arrest in execution of duty in the Local Court - appeal against conviction pursuant to Crimes (Appeal and Review) Act 2001 – apprehension of plaintiff for breach of bail – nature of powers of arrest for breach – question of lawfulness of arrest – capacity of evidence to establish element of constable acting in execution of duty - construction of s 77 of the Bail Act 2013 – question of operation of s 77(3) and whether the powers of arrest provided by s 77(1) are subject to s 77(3) Legislation Cited: Acts Interpretation Act 1987 (NSW) Bail Act 2013 (NSW) Bail Amendment Act 2014 (NSW) Crimes Act 1900 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Criminal Code Act 1995 (Cth) Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27; [2009] HCA 41 Director of Public Prosecutions (NSW) v GW [2018] NSWSC 50 Mills v Meeking (1990) 169 CLR 214; [1990] HCA 6 State of New South Wales v Robinson (2019) 266 CLR 619; [2019] HCA 46 Texts Cited: NSW Law Reform Commission Report 133 on Bail Second Reading Speech to the Bail Bill 2013 Category: Principal judgment Parties: Julie Bugmy (Plaintiff) Director of Public Prosecutions (NSW) (Defendant) Representation: Counsel: N Broadbent C O Gleeson with W Liu