State of New South Wales v Bugmy (No 2) [2016] NSWSC 1432

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Bugmy (No 2) [2016] NSWSC 1432 Hearing dates: 23 September 2016 Date of orders: 30 September 2016 Decision date: 07 October 2016 Jurisdiction: Common Law Before: Button J Decision: (1) The defendant is subject to a continuing detention order for a period of 12 months commencing on 10 October 2016 and expiring on 9 October 2017. (2) The Court is to issue a warrant for the committal of the defendant to a correctional centre for the period specified in order 1. (3) The defendant is subject to an extended supervision order for a period of 3 years from the date of the expiry of the continuing detention order. To express my order another way, the extended supervision order is to commence on 9 October 2017, and expire on 8 October 2020. (4) For the period specified in order 3 above, the defendant must comply with the conditions set out in the Schedule to the Summons of 12 July 2016. Catchwords: CIVIL – Crimes (High Risk Offenders) Act 2006 (NSW) – application for continuing detention order – final hearing – high risk violent offender – whether an extended supervision order would be adequate – whether appropriate accommodation is available – continuing detention order made Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), ss 3(1), 4, 5A, 5A(1)(a), 5A(2A)(b), 5A(3)(a), 5E, 5G(1), 13(1), 17(4), 18(3), 18CA Cases Cited: State of New South Wales v Bugmy (preliminary hearing) [2016] NSWSC 1128 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Damien Charles Bugmy (Defendant) Representation: Counsel: P Aitken (Plaintiff) M Johnston SC (Defendant)