SW Bugmy [2004] NSWCCA 258

• Conditions of suspended sentence included to remain away from Wilcannia during term of sentence unless, upon prior application to sentencing judge, permitted to do so: at [38]
• Condition intended to assist appellant in drug rehabilitation while providing exception for attendance at funerals:

[45] However, his Honour recognised that Mr Bugmy may need to attend the funeral of a relative. He said this: (ROS p13)

“I acknowledge that there are obligations imposed on all Aboriginal people to attend funerals. I would not do anything to stop Mr Bugmy attending a funeral in Wilcannia, but I would be requiring him to get my consent before he did it; not just turn up. If he turned up for a funeral he could anticipate the consent would be given on strict conditions. It would mean he would go and he would return, and he would get into no trouble in Wilcannia. There is only one way he could stay out of trouble in Wilcannia and that would be to refrain from drinking.”

• Condition of bond quashed on appeal – unduly harsh and unreasonable: at [71]