Commissioner of Police v Bowtell (No. 2) [2018] NSWSC 520

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of Police v Bowtell (No. 2) [2018] NSWSC 520 Hearing dates: 29 March 2018 Date of orders: 27 April 2018 Decision date: 27 April 2018 Jurisdiction: Common Law Before: Davies J Decision: (1) An order pursuant to s 5(1) of the Crimes (Serious Crime Prevention Orders) Act 2016 (NSW) that each of the first, second, third, fourth and fifth defendants be subject to a serious crime prevention order for a period of 12 months from the date of this order.

(2) An order pursuant to s 6 of the Crimes (Serious Crime Prevention Orders) Act 2016 (NSW) that each of the first, second, third, fourth and fifth defendants comply with the conditions set out below:

Restrictions

1. The first, second, third, fourth and fifth defendants are restricted from:

a. Subject to paragraph 1b below, approaching, contacting or associating directly or indirectly with any member, nominee or associate of any Outlaw Motor Cycle Gang (OMCG) including any form of communication whether written, oral or electronic communication (that is, via telephone, text message, email or other social media) or communication through a third party. For the purposes of compliance, the defendants are to produce their mobile phone or other communication device at the request of police along with any relevant passwords attached to those devices.

b. Paragraph 1a does not apply to the first and second defendants associating with members of their immediate family members, ie, a parent or sibling.

c. Subject to paragraph 1d below travelling in any vehicle between the hours of 9pm to 6am except in the case of a genuine medical emergency.