State of New South Wales v Bowdidge [2019] NSWSC 1843

State of New South Wales v Bowdidge [2019] NSWSC 1843

The Court was satisfied to a high degree of probability that the statutory prerequisites were met and that the defendant remained an unacceptable risk of committing another serious offence if not kept under supervision, having regard to his serious past offending, expert opinions, risk assessments, intellectual...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 December 2019
Procedural Posture
Application for Extended Supervision Order Under the Crimes (high Risk Offenders) Act 2006 (nsw) / Final Hearing After Interim Supervision Order
Outcome
Extended supervision order made for four years with Schedule A conditions and restricted access to the Court file.
Legal Topics
['extended Supervision Order' 'serious Sex Offender Supervision' 'risk of Committing Another Serious Offence' 'conditions of Supervision' 'restrictions on Movement' 'electronic Monitoring' 'search and Seizure' 'rehabilitation of Offender']
['civil Law' 'high Risk Offenders'] ['extended Supervision Order' 'serious Sex Offender Supervision' 'risk of Committing Another Serious Offence' 'conditions of Supervision' 'restrictions on Movement' 'electronic Monitoring' 'search and Seizure' 'rehabilitation of Offender']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Extended Supervision Order Under the Crimes (high Risk Offenders) Act 2006 (nsw) / Final Hearing After Interim Supervision Order

Legal Issues

  1. 1 ['Whether the statutory prerequisites for a further extended supervision order under ss 5B and 9 of the Crimes (High Risk Offenders) Act 2006 (NSW) were satisfied.' 'Whether the defendant posed an unacceptable risk of committing another serious offence if not kept under supervision.' 'What duration of extended supervision order was appropriate.' 'What conditions, particularly movement restrictions and search conditions, should attach to the order.']

Ratio Decidendi

The Court was satisfied to a high degree of probability that the statutory prerequisites were met and that the defendant remained an unacceptable risk of committing another serious offence if not kept under supervision, having regard to his serious past offending, expert opinions, risk assessments, intellectual disability, paedophilic disorder, interactions with counsellors and departmental staff, troubling incidents, and breaches of conditions. A four-year extended supervision order with specified conditions was necessary and appropriate, while a more specific movement restriction was preferable to an overbroad restriction on places frequented by children.

Court Disposition

Extended supervision order made for four years with Schedule A conditions and restricted access to the Court file.

Orders

  • ['Pursuant to ss 5B and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW), the defendant is subject to an extended supervision order for a period of four years from the date of the order.' 'Pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW), the defendant must comply with the conditions set...