R v Bugmy - [2025] NSWSC 497

Supreme Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Bugmy [2025] NSWSC 497
Hearing dates: 07 May 2025
Date of orders: 21 May 2025
Decision date: 21 May 2025
Jurisdiction: Common Law
Before: Cavanagh J
Decision:
(1) Pursuant to s 36 of the MentalHealthandCognitiveImpairmentForensicProvisionsAct2020 (NSW), the defendant, William David Bugmy, is unfit to be tried for the murder of Talbot Ward.
(2) The defendant will not become fit to be tried for the offence during the period of 12 months after this finding of unfitness pursuant to s 47(1)(b) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW).
(3) Order the defendant be remanded in custody.
(4) List the matter in the arraignments list on 4 July 2025.
(5) Direct that the Director of Public Prosecutions advise as to whether further proceedings (being a special hearing) will be taken against the defendant for the murder of Talbot Ward.

Catchwords:
MENTAL HEALTH – criminal proceedings – fitness to be tried – where defendant suffering from severe chronic and treatment resistant mental health and cognitive impairments – where experts agree that the defendant is unfit to be tried under s 36 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) and will not become fit to be tried within 12 months – finding that the defendant is not fit to be tried and will not become fit to be tried within 12 months

Legislation Cited:
Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 36, 44

Cases Cited:
Bugmy v The Queen (2013) 249 CLR 531; [2013] HCA 37
R v Risi [2021] NSWSC 769
R v Woodham [2022] NSWSC 1154

Category: Procedural rulings
Parties: Rex (Crown)
William David Bugmy (Defendant)
Representation:
Counsel:
C Taylor (Crown)
R Khalilizadeh (Defendant)
Solicitors:
Solicitor for Public Prosecutions (NSW) (Crown)
Legal Aid NSW (Defendant)

File Number(s): 2023/00233561
Publication restriction: Nil

JUDGMENT

As set out in the Indictment made on 21 February 2025, the defendant, William David Bugmy, is charged with the murder of Talbot Ward at Newtown on 21 July 2023.
The defendant raises his fitness to stand trial as an issue. The matter thus came before me on 7 May 2025 for the purpose of an inquiry into the defendant’s fitness to stand trial. The procedure for such an inquiry is set out in Division 2 of Part 4 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) (“the Act”).
As set out in s 44, the question of a defendant’s unfitness to be tried is to be determined by judge alone. The defendant must be represented by an Australian legal practitioner and an inquiry is not to be conducted in an adversarial manner.
Further, the onus of proof as to a defendant’s unfitness to be tried does not rest on any particular party in the proceedings.
In addition to considering any other matter the Court thinks fit, the Court is to…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Bugmy

Details

AGLC: R v Bugmy [2025] NSWSC 497
Case: [2025] NSWSC 497
Decision Date: 21 May 2025

CaseChat Overview and Summary

In the case of R v Bugmy, the defendant was charged with a criminal offence, and the central issue before the court was the defendant's fitness to be tried. The matter was heard in the Supreme Court of New South Wales, where the defendant, Bugmy, was alleged to suffer from severe chronic and treatment-resistant mental health and cognitive impairments. The court had to determine whether Bugmy was fit to be tried under the provisions of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW).

The legal issue that the court needed to resolve was whether Bugmy's mental health condition rendered him unfit to be tried, as defined by section 36 of the Act. Furthermore, the court had to consider whether there was a reasonable prospect that Bugmy would become fit to be tried within 12 months. Medical experts presented evidence that Bugmy was unfit to be tried and that there was no reasonable prospect that he would become fit to be tried within the prescribed period.

The court, after considering the medical evidence, concluded that Bugmy was indeed unfit to be tried under the Act. The experts' unanimous opinion and the evidence presented indicated that Bugmy would not become fit to be tried within 12 months. Therefore, the court found that Bugmy was not fit to be tried and would not become fit to be tried within the stipulated timeframe. As a result, the proceedings against Bugmy were terminated, and he was ordered to be detained in a secure mental health facility.

The final orders of the court were that Bugmy was not fit to be tried and would not become fit to be tried within 12 months. Consequently, the criminal proceedings against him were terminated, and he was to be detained in a secure mental health facility in accordance with the provisions of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW).

Orders