New South Wales Commissioner of Police v Bowtell
[2018] NSWSC 327
•12 March 2018
Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: New South Wales Commissioner of Police v Bowtell [2018] NSWSC 327 Hearing dates: 12 March 2018 Date of orders: 12 March 2018 Decision date: 12 March 2018 Jurisdiction: Common Law Before: Lonergan J Decision: (1) The time for service of the summons filed on 12 March 2018, the affidavit of Gary Broadhurst, Deborah Wallace and Anthony Macken and the notice of motion filed 12 March 2018 be abridged to 9.00 am Tuesday 13 March 2018;
(2) The summons and notice of motion referred to in order 1 be returnable before this court at 9.30am on the 15 March 2018.Catchwords: CIVIL PROCEDURE – short service – application for serious crime prevention orders – outlaw motorcycle gangs – no point of principle Legislation Cited: Crimes (Serious Crime Prevention Orders) Act 2016 (NSW) s 5 Category: Procedural and other rulings Parties: NSW Commissioner of Police (Plaintiff)
Bradley Bowtell (First Defendant)
Dylan Patrick Brittliffe (Second Defendant)
Blake Kevin Martin (Third Defendant)
James Kenneth Quinnell (Fourth Defendant)
Kane Benjamin Tamplin (Fifth Defendant)Representation: Counsel:
Solicitors:
M Tedeschi QC/C Melis (Plaintiff)
Crown Solicitors Office (Plaintiff)
File Number(s): 2018/80198
Judgment
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The Applicant/Plaintiff, the Commissioner of Police, seeks orders relating to the service and listing of an application he wishes to make pursuant to s 5 of the Crimes (Serious Crime Prevention Orders) Act 2016 (NSW).
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The orders sought are for short service of the application to be abridged to 9.00 am tomorrow, Tuesday 13 March 2018, and that the time provided by s 5(3) of that legislation, also in effect be abridged to make the application, that is both the summons and the notice of motion, returnable at 9.30 am on the 15 March 2018.
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Section 5(3) of the legislation provides that unless the appropriate Court orders otherwise, the applicant must serve a copy of the application on the persons against whom the serious crime prevention order is sought at least 14 days before the hearing date for the application.
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In support of his argument that I should consider variation of that usual position, Mr Tedeschi QC relied upon in particular an affidavit of Sergeant Gary Broadhurst dated 12 March 2018. I am satisfied that the deponent of the affidavit is well-qualified to make the representations he makes in the affidavit. What that affidavit reveals is a series of escalating retaliatory attacks between January 2018 and a little over a week ago between two motorcycle gangs, the Nomads and the Finks. This escalating series of attacks is against a background of some years of violence and conflict between both gangs which Sergeant Broadhurst refers to as escalating since 2016.
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The events since early January this year are of particular concern because they involve attacks on the homes of a number of gang members. Those attacks involve both arson and the use of firearms which are described as high-powered weapons.
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Sergeant Broadhurst refers to the recklessness associated with a number of these attacks and has in his affidavit outlined the way in which the attacks take a retaliatory pattern. He has also observed that in the more recent few weeks, a number of violent attacks occurred within a very short space of time, that is three attacks in a one week period, and this is a speeding up of the retaliatory attacks when compared with the attacks since early January.
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He expresses a concern that the violence appears to be escalating both in frequency and severity. I note in particular one of the attacks took place on a home in which a child and the defacto partner of a gang member were sleeping. I also note another attack where a little over a week ago an individual sleeping in premises was injured by shots to his leg.
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It seems to me that the application should be dealt with urgently given the matters set out in the affidavit of Sergeant Broadhurst.
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Accordingly I make orders as follows:
The time for service of the summons filed on 12 March 2018, the affidavit of Gary Broadhurst, Deborah Wallace and Anthony Macken and the notice of motion filed 12 March 2018 be abridged to 9.00 am Tuesday 13 March 2018;
The summons and notice of motion referred to in order 1 be returnable before this court at 9.30 am on the 15 March 2018.
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Amendments
15 March 2018 - Corrected 'Representation' field on cover sheet.
Decision last updated: 15 March 2018
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