Bugmy v NSW

[2017] NSWCA 25

NSW Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › High risk offenders
3. › Continuing detention orders
4. › Length of order
5. › Whether primary judge erred in determining appropriate length
6. › Whether period arbitrary and not based on evidence
7. › Crimes (High Risk Offenders) Act 2006 (NSW), ss 5E, 5F, 5G, 18, 19
1. Criminal Law
2. › High risk offenders
3. › Continuing detention orders
4. › Statutory construction
5. › Whether 'high degree of probability' standard in s 5E(2) applies to satisfaction under s 5G(1)
6. › Crimes (High Risk Offenders) Act 2006 (NSW), ss 5E(2), 5G(1)
1. Appeal
2. › Adequacy of reasons
3. › Whether primary judge gave adequate reasons for fixing length of continuing detention order
4. › Whether reasons must be read as a whole
5. › Effect of absence of issue between parties at first instance

Quick Take

Section 5G of the Crimes (High Risk Offenders) Act 2006 (NSW) requires a continuing detention order to be fixed for no longer than the period the court is satisfied that adequate supervision will not be provided by an extended supervision order, but the section requires only a broad evaluative judgment, not the 'high degree of probability' standard applicable under s 5E(2). The availability of the s 19 variation power is relevant to the scope of that evaluative judgment. Manners should not be followed to the extent it suggests otherwise, and the approach in Wilde requiring a 'high degree of probability' for s 5G satisfaction is rejected.