NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: State of New South Wales v Bowdidge [2018] NSWSC 1615 Hearing dates: 24 October 2018 Date of orders: 25 October 2018 Decision date: 25 October 2018 Jurisdiction: Common Law Before: Harrison J Decision: Application for an emergency detention order dismissed Catchwords: HIGH RISK OFFENDER – serious sex offender – application for emergency detention order – whether because of altered circumstances, the offender poses an unacceptable and imminent risk of committing a serious offence if the emergency detention order is not made – where offender currently subject to an extended supervision order – where offender ejected from the Integration Support Centre – where no similar suitable accommodation available – where offender residing at motel – where offender has not committed a serious offence for 17.5 years – where no unacceptable or imminent risk of committing a serious offence – application dismissed Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), ss 18CB, 18CC Cases Cited: New South Wales v Brian Alan Bowdidge [2015] NSWSC 717 State of New South Wales v Bowdidge [2011] NSWSC 188 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Brian Alan Bowdidge (Defendant) Representation: Counsel: J S Emmett (Plaintiff) G Lewer (Defendant)
Solicitors: Crown Solicitor's Office (Plaintiff) Legal Aid Commission of NSW (Defendant) File Number(s): 2015/26479 Publication restriction: Nil
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