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Supreme Court 13 February 2026

R v Bugmy (No 3)

[2026] NSWSC 71

Homicide

Citation: [2026] NSWSC 71
Court: Supreme Court of New South Wales — Common Law Division
Date: 13 February 2026
Judge(s): R A Hulme AJ

Background

William David Bugmy was charged with the murder of Talbot Ward at Newtown on 21 July 2023. He was arrested the following day and committed for trial in the Supreme Court on 30 January 2025. However, in May 2025, Cavanagh J found Mr Bugmy unfit to be tried, on the basis that he suffered from both a mental health impairment and a cognitive impairment. These impairments rendered him unable to plead, exercise the right to challenge jurors, follow the proceedings, or instruct his legal representatives. His Honour also found that Mr Bugmy would not become fit within 12 months.

Following a decision by the Director of Public Prosecutions to proceed with the matter, a special hearing was listed under Part 4 Division 3 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW). No election was made for a jury, so the hearing proceeded before a judge alone. Mr Bugmy was represented by counsel throughout. The matter could have proceeded under the more expedient procedure in s 31 of the Act, but for the Crown's refusal to agree that the evidence established the defence of mental health impairment — an issue addressed in the companion judgment, R v Bugmy (No 2) [2026] NSWSC 70.

The physical acts constituting the offence were not in dispute. An eyewitness, Mr Julian Gold, gave evidence that Mr Bugmy attacked Mr Ward in his home by stabbing him repeatedly while demanding money. The central question was whether the accused was entitled to the benefit of the defence of mental health impairment, which would lead to a special verdict rather than a finding that the accused committed the offence of murder.

  • What is the nature and purpose of a special hearing under Part 4 Division 3 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, and what verdicts are available?
  • Were the physical acts constituting the offence of murder established on the limited evidence available, to the criminal standard of proof?
  • Was the defence of mental health impairment made out, warranting a special verdict of "act proven but not criminally responsible"?
  • What factual matters, if any, were genuinely in dispute, and what significance did they bear on the available verdicts?

Decision

Hulme AJ began by carefully explaining the legislative framework for special hearings. Under s 54 of the Act, the purpose of a special hearing is to ensure that an unfit defendant is acquitted unless it can be proved to the criminal standard that, on the limited evidence available, the defendant committed the offence charged. The available verdicts under s 59(1) include: not guilty; a special verdict of act proven but not criminally responsible; or a finding that, on the limited evidence, the defendant committed the offence charged (or an available alternative).

Turning to the evidence, the Court found the physical acts of the offence were not in dispute. Mr Gold's eyewitness testimony established that the accused attacked Mr Ward by stabbing him repeatedly in his home while Mr Ward was seated, ultimately causing his death. The accused made demands for money during the attack and afterwards took a bag belonging to the deceased. There were minor factual disputes raised by defence counsel — including whether the accused brought the knife in his bag, the precise number of blows, and the characterisation of the attack as "frenzied" — but Hulme AJ found these matters were of no ultimate significance. The attack was spontaneous, carried out with a knife available nearby, and involved a sustained series of stabbing motions.

The critical issue was the defence of mental health impairment. While the full reasoning on this point appears to have been addressed in the companion judgment (R v Bugmy (No 2)), Hulme AJ was satisfied that the defence was established. Accordingly, his Honour entered a special verdict of act proven but not criminally responsible.

Following the entry of the special verdict, the Court was required to consider what orders were appropriate under s 33 of the Act, which empowers the court to remand the defendant in custody, order detention, or order conditional or unconditional release. The court must not order release unless satisfied on the balance of probabilities that the safety of the defendant and the public would not be seriously endangered.

Orders Made

  • A special verdict of act proven but not criminally responsible was entered.
  • The accused was to be dealt with in accordance with ss 33, 34 and 67 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, including referral to the Mental Health Review Tribunal (unless unconditionally released, which the judgment indicates was not the outcome here).

Note: The judgment text as provided was truncated and the precise final orders regarding custody or detention were not fully reproduced. The above reflects the orders that the judgment clearly foreshadowed.

Key Takeaways

  • Under s 54 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, special hearings serve a protective function, ensuring that unfit defendants are not found to have committed an offence unless the Crown can prove the case to the criminal standard on the limited evidence available, with the defendant taken to have pleaded not guilty and retaining the right to raise any defence.

  • A special verdict of "act proven but not criminally responsible" is distinct from both acquittal and a finding of guilt, triggering a regime under s 33 of the Act involving possible continued custody, detention, or conditional release, along with mandatory referral to the Mental Health Review Tribunal.

  • The Supreme Court observed that, had the Crown agreed the evidence established the mental health impairment defence, the more expedient procedure under s 31 could have been used rather than proceeding through a full special hearing.

  • Where the physical acts of the offence were not in dispute and the live issue was mental health impairment, marginal factual disputes (such as the source of the weapon or the precise number of blows) did not affect the ultimate verdict.

  • Judge-alone special hearings are expressly available under s 56(9) of the Act, and Hulme AJ confirmed that where no election for a jury is made, the matter may proceed before a judge alone.

Legislation and Cases Referenced

Legislation:
- Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 4, 28, 31, 33, 34, 36(1), 53, 54, 56(1)–(9), 59, 60–63, 67
- Crimes (Sentencing Procedure) Act 1999 (NSW), ss 30E, 30L

Cases:
- Hawkins v The Queen (1994) 179 CLR 500; [1994] HCA 28
- R v Bugmy [2025] NSWSC 497 (fitness finding by Cavanagh J)
- R v Bugmy (No 2) [2026] NSWSC 70 (companion judgment on mental health impairment defence)
- R v Minani (2005) 63 NSWLR 490; [2005] NSWCCA 226