State of New South Wales v Bowdidge

In the case of the State of New South Wales versus Bowdidge, the state sought to have an emergency detention order made against an individual who was a serious sex offender. The offender, Bowdidge, was currently subject to an extended supervision order and had been ejected from the Integration Support Centre. The state argued that due to changed circumstances, Bowdidge posed an unacceptable and imminent risk of committing a serious offence if the emergency detention order was not made. The matter was heard in the Supreme Court of New South Wales.

The legal issues for the court to decide included whether the altered circumstances of Bowdidge's situation warranted an emergency detention order and whether there was an unacceptable or imminent risk of Bowdidge committing a serious offence. The court had to consider whether the state had provided sufficient evidence to support the application for the order and whether the risk was such that it justified the deprivation of Bowdidge's liberty.

The court found that Bowdidge had not committed a serious offence for 17.5 years and that there was no evidence of an unacceptable or imminent risk of him committing a serious offence. The court was not satisfied that the circumstances had altered to the extent that the risk had become unacceptable or imminent. The application for the emergency detention order was dismissed as there was insufficient evidence to support the making of such an order.

No orders were made as the application was dismissed.