New South Wales v Bujdoso

HIGH COURT OF AUSTRALIAGLEESON CJ,GUMMOW, KIRBY, HAYNE, CALLINAN AND HEYDON JJSTATE OF NEW SOUTH WALES  APPELLANTANDPETER ANDREW BUJDOSO  RESPONDENTNew South Wales v Bujdoso [2005] HCA 768 December 2005S289/2005ORDERAppeal dismissed with costs.On appeal from the Supreme Court of New South WalesRepresentation:M G Sexton SC, Solicitor-General for the State of New South Wales with P R Sternberg for the appellant (instructed by Crown Solicitor for New South Wales)J J Graves SC with R J de Meyrick for the respondent (instructed by T D Kelly & Co)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSNew South Wales v Bujdoso Negligence – Breach of duty of care – Prison authorities – Respondent was a prisoner admitted to minimal supervision Work Release Programme – Respondent had been threatened by other prisoners – Appellant knew of threats – Respondent assaulted by a group of prisoners – Scope of duty of prison authorities to protect the safety of prisoners under its control – Whether the appellant breached its duty of care to the respondent – Whether effective measures were adopted to prevent a foreseeable risk of injury to the respondent.GLEESON CJ, GUMMOW, KIRBY, HAYNE, CALLINAN AND HEYDON JJ.The issueSilverwater Prison is a prison in and conducted by the State of New South Wales.  The issue in the appeal is whether the State was in breach of its duty of care to the respondent when he was assaulted during his imprisonment there.  The factsOn 16...