State of New South Wales v Brian Bowdidge by his tutor Barbara Ramjan (Preliminary)

The applicant in this case, the State of New South Wales, sought an interim supervision order against the respondent, Brian Bowdidge, who stands accused of two counts of aggravated sexual assault of a person under the age of 16 years. Bowdidge's application is heard in the Supreme Court of New South Wales, presided over by Justice Hulme. The respondent has a history of sexual offending, having previously been subject to three extended supervision orders.

The legal issues before the court were whether the matters alleged, if proven at a final hearing, would justify the making of an extended supervision order under the Crimes (High Risk Offenders) Act 2015 (NSW). The court had to consider the gravity of the alleged offences, Bowdidge's history of reoffending, and the potential risk he posed to the community if not subject to ongoing supervision.

Justice Hulme found that the applicant had demonstrated a prima facie case for an extended supervision order. The court was satisfied that the alleged offences were serious and that Bowdidge's history of reoffending, including three previous extended supervision orders, indicated a significant risk of reoffending in the future. The court considered that Bowdidge had a persistent pattern of offending behaviour and that without ongoing supervision, he posed a substantial risk to the community. Consequently, the court granted the application for an interim supervision order, which will remain in effect until the final hearing.