State of New South Wales v Brian Bowdidge [2019] NSWSC 85

State of New South Wales v Brian Bowdidge [2019] NSWSC 85

The defendant's recent change in sexual orientation, his history of not always being forthcoming, and recent sexualised behaviour justified extending child-related restrictions from female children to children generally. Additional search powers were justified because they provided a more reliable means of ensuring...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 February 2019
Procedural Posture
Application for Variation of Extended Supervision Order Under the Crimes (high Risk Offenders) Act 2006 (nsw) / Hearing of Summons; Plaintiff No Longer Pressed Interim and Continuing Detention Orders and Sought Variation of Current ESO Conditions
Outcome
The extended supervision order was varied in accordance with the Schedule; the defendant was directed to comply with the scheduled conditions; access to the Court file by non-parties was restricted.
Legal Topics
['variation of Extended Supervision Order' 'search and Seizure Conditions' 'restrictions on Contact With Children' 'pornographic and Classified Material Conditions' 'access to Court File']
['criminal Law' 'high Risk Offenders' 'supervision Orders'] ['variation of Extended Supervision Order' 'search and Seizure Conditions' 'restrictions on Contact With Children' 'pornographic and Classified Material Conditions' 'access to Court File']

Source-derived case record

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Procedural Posture

Application for Variation of Extended Supervision Order Under the Crimes (high Risk Offenders) Act 2006 (nsw) / Hearing of Summons; Plaintiff No Longer Pressed Interim and Continuing Detention Orders and Sought Variation of Current ESO Conditions

Legal Issues

  1. 1 ["Whether changes in the defendant's circumstances warranted varying the conditions of the existing extended supervision order." 'Whether conditions restricting access to female children should be varied to apply to children generally.' "Whether additional search and seizure conditions should be imposed, including seizure of the defendant's mobile phone." 'Whether proposed prohibitions on accessing pornographic, violent or classified material should be imposed.']

Ratio Decidendi

The defendant's recent change in sexual orientation, his history of not always being forthcoming, and recent sexualised behaviour justified extending child-related restrictions from female children to children generally. Additional search powers were justified because they provided a more reliable means of ensuring the DSO knew of material and devices relevant to compliance. A seizure condition was justified but had to be modified so that any mobile phone seized by CSNSW was returned within three days, given the defendant's intellectual disability and existing onerous restrictions. Proposed pornography and classified-material conditions were rejected because adult consensual pornography...

Court Disposition

The extended supervision order was varied in accordance with the Schedule; the defendant was directed to comply with the scheduled conditions; access to the Court file by non-parties was restricted.

Orders

  • ["Pursuant to s 13(1) of the Crimes (High Risk Offenders) Act 2006 (NSW), the defendant's extended supervision order is varied in accordance with the conditions set out in the Schedule to the judgment." 'Pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 (NSW), the defendant is directed, for the period of...