State of New South Wales v Bugmy (preliminary hearing) [2016] NSWSC 1128

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Bugmy (preliminary hearing) [2016] NSWSC 1128 Hearing dates: 11 August 2016 Decision date: 16 August 2016 Before: McCallum J Decision: Interim detention order made Catchwords: CRIME – high risk violent offender – preliminary hearing – application by the State for interim detention order – where offender would consent to an interim supervision order – proper approach to determination of application – where COSP accommodation refused to offender – prospect of constructive fetter on Court's discretion Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: R v Bugmy [2010] NSWSC 357 State of New South Wales v Atkins [2013] NSWSC 1988 State of New South Wales v Cornwall [2015] NSWSC 742 State of New South Wales v Davie [2015] NSWSC 413 State of New South Wales v Donovan [2015] NSWCA 280 Tillman v The Attorney General for the State of New South Wales [2007] NSWCA 327 Williams v The Queen [1986] HCA 88; 161 CLR 278 Texts Cited: Royal Commission into Aboriginal Deaths in Custody, National Reports, Volume 5 (April 1991) R McCausland and A Vivian, "A Tale of Two Towns: A Comparative Study of Wilcannia and Menindee [2009] IndigLawB 27; (2009) 7(13) Indigenous Law Bulletin 7 Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) Damien Charles Bugmy (Defendant) Representation: Counsel: P Aitkin (Plaintiff) M Johnston SC (Defendant)