State of New South Wales v Bowdidge (No 2)

[2015] NSWSC 388

Supreme Court

New South Wales

Medium Neutral Citation:	State of New South Wales v Bowdidge (No 2) [2015] NSWSC 388
Hearing dates:	8 April 2015
Decision date:	08 April 2015
Jurisdiction:	Common Law
Before:	Button J
Decision:	(1) Pursuant to s 10C(2) of the Crimes (High Risks Offenders) Act 2006 (“the Act”), the interim supervision order made by the Court on 2 March 2015 (and stated to be effective from 17 March 2015) be renewed to take effect from 14 April 2015 and to expire at 6.00 pm on 11 May 2015. (2) Pursuant to s 11 of the Act, the defendant be directed, for the period of interim supervision order as renewed to comply with the conditions in the Schedule to the Orders made on 2 March 2015. (3) List the matter for further mention, and for the purpose of the State’s application to extend the interim supervision order, before the Common Law Duty Judge on 7 May 2015.
Catchwords:	CIVIL LAW – consent application for extension of an interim supervision order pursuant to s 10C(2) of the Act
Legislation Cited:	Crimes (High Risks Offenders) Act 2006 (NSW), ss 10C(2), 11
Cases Cited:	State of New South Wales v Bowdidge [2015] NSWSC 135
Texts Cited:	Crimes (High Risks Offenders) Act 2006 (NSW), ss 10C(2), 11
Category:	Procedural and other rulings
Parties:	State of New South Wales (Plaintiff) Brian Alan Bowdidge (Defendant)
Representation:	Solicitors: Crown Solicitor’s Office (Plaintiff) Legal Aid New South Wales (Defendant)
File Number(s):	2015/26479

EX TEMPORE Judgment

1. On 2 March 2015 Hall J delivered a judgment in support of the making of some of the orders contained in a summons of 23 February 2015 filed by the plaintiff. Reference should be made to that judgment, and I shall not be repetitive. It suffices to say that his Honour, among other things, imposed an interim supervision order to date from 17 March 2015 for a period of 28 days: State of New South Wales v Bowdidge [2015] NSWSC 135. That order is currently due to expire on 13 April 2015. That interim supervision order was imposed in the context of the defendant having been subject to an extended supervision order since March 2011, itself having been preceded by an interim supervision order that began in December 2010 at the end of the parole period of the defendant.

2. The joint position of the parties, reflected in the short minutes of order signed by both solicitors and helpfully provided to me this morning, is that they are content for me to make the proposed orders contained in that document. It is proposed that the interim supervision order extend to 6 PM on 11 May 2015.

3. Having read the judgment of Hall J, I have come to my own independent view that it is soundly appropriate to extend the interim supervision order. That opinion of mine is based in particular upon the fact that the defendant, who has been convicted of a number of serious sexual offences against children over a number of years, has recently, on the advice of his treating psychiatrist, terminated his anti-libidinal medication, and furthermore continues to engage in sexual fantasies about children.

4. It is for the foregoing reasons that I make the following orders by consent:

1. Pursuant to s 10C(2) of the Crimes (High Risks Offenders) Act 2006 (“the Act”), the interim supervision order made by the Court on 2 March 2015 (and stated to be effective from 17 March 2015) be renewed to take effect from 14 April 2015 and to expire at 6.00 pm on 11 May 2015.

2. Pursuant to s 11 of the Act, the defendant be directed, for the period of interim supervision order as renewed to comply with the conditions in the Schedule to the Orders made on 2 March 2015.

3. List the matter for further mention, and for the purpose of the State’s application to extend the interim supervision order, before the Common Law Duty Judge on 7 May 2015.

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