State of New South Wales v Bugmy (Preliminary) [2017] NSWSC 333

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Bugmy (Preliminary) [2017] NSWSC 333 Hearing dates: 29 March 2017 Date of orders: 29 March 2017 Decision date: 05 April 2017 Jurisdiction: Common Law Before: N Adams J Decision: (1) Pursuant to s 7(4)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW), the Court appoints qualified psychiatrist, Dr Andrew Ellis and registered psychologist Professor Susan Hayes to conduct separate psychiatric and psychological examinations, respectively, of the defendant and to furnish reports on the results of those examinations to the Court by no later than 5:00 pm on 17 May 2017. (2) Pursuant to s 7(4)(b) of the Act, the defendant is directed to attend examinations by the Court appointed psychiatrist and psychologist named in Order 1. (3) Pursuant to s 10B of the Act, that the defendant be subject to an interim supervision order to commence on 7 April 2017, for a period of 28 days. (4) Pursuant to s 11 of the Act, the defendant is directed to comply with the conditions set out in the Schedule attached to these Orders for the duration of the interim supervision order made in Order 3. (5) That the plaintiff file and serve any further evidence on which it intends to rely by 5:00 pm on 24 May 2017. (6) That the plaintiff file and serve written submissions on which it intends to rely by 5:00 pm on 26 May 2017. (7) That the defendant file and serve any further evidence on which he intends to rely by 5:00 pm on 2 June 2017. (8) That the defendant file and serve written submissions on which he intends to rely by 5:00 pm on 7 June 2017. (9) That the plaintiff file and serve any submissions in reply by midday on 13 June 2017. (10) That the matter be listed for final hearing on 14 June 2017 at 10:00 am with an estimated duration of 1 to 2 days. (11) The matter is listed on 27 April 2017 before the Duty Judge to hear an application to renew the interim supervision order referred to in Order 3 above. (12) The parties have liberty to apply to relist the matter on one working days' notice. Catchwords: HIGH RISK VIOLENT OFFENDER – preliminary hearing – orders sought by the State not opposed – no question of principle Legislation Cited: Crimes Act 1900 (NSW), s 33(1)(b) Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 4, 5A, 5J, 6, 7, 10B Cases Cited: Bugmy v The Queen (2013) 302 ALR 192; [2013] HCA 37 Lynn v State of New South Wales [2016] NSWCA 57 R v Bugmy [2012] NSWCCA 223 R v Bugmy (No 2) [2014] NSWCCA 322 State of New South Wales v Manners [2008] NSWSC 1242 Wilde v State of NSW [2015] NSWCA 28 Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) William David Bugmy (Defendant) Representation: Counsel: Ms S Callan with Ms L Robb-Vujcic (Plaintiff) Ms M Schenk, solicitor (Defendant)