State of New South Wales v Hudson (No 2) (Preliminary) [2022] NSWSC 1655

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Hudson (No 2) (Preliminary) [2022] NSWSC 1655 Hearing dates: 5 December 2022 Date of orders: 16 December 2022 Decision date: 16 December 2022 Jurisdiction: Common Law Before: Davies J Decision: 1. Pursuant to s 13(1) of the Act, the existing supervision order made 13 December 2019 is revoked from 26 January 2023; 2. Pursuant to s 10A of the Crimes (High Risk Offenders) Act 2006 (NSW), the defendant be subject to an interim supervision order for a period of 28 days commencing 26 January 2023; 3. Pursuant to s 11 of the Act, direct that the defendant comply with the conditions set out in the Schedule to this judgment. 4. Pursuant to s 7(4) of the Act, I appoint two qualified psychiatrists, alternatively two qualified psychologists, alternatively one qualified psychiatrist and one qualified psychologist, to conduct separate examinations of the defendant, and to furnish reports to the Supreme Court on the results of those examinations by a date to be fixed by the Court; and 5. I direct the defendant to attend those examinations when so appointed; 6. The Court appointed experts are to submit expert reports to the Supreme Court by Friday, 24 February 2023. 7. The plaintiff is to file and serve any evidence and its written submissions for the final hearing by 5pm on Friday, 10 March 2023. 8. The defendant is to file and serve any evidence and its written submissions for the final hearing by 5pm on Friday, 24 March 2023. 9. The plaintiff is to file and serve any updating evidence and submissions in reply by 5pm on Wednesday, 29 March 2023. 10. The parties are to notify one another of any witnesses they intend to call for the final hearing by 5pm on Friday, 31 March 2023. 11. A working folder of material to be tendered at the final hearing is to be provided by the plaintiff to the judicial officer assigned by 4pm on Monday, 3 April 2023. 12. The matter is listed for final hearing on Thursday, 6 April 2023. 13. Access to the Court file in respect of any document shall not be granted to a non-party without the leave of a judge of the Court and, if any application for access is made by a non-party in respect of any document, the parties are to be notified by the Registrar so as to allow them an opportunity to be heard in relation to the application for access; 14. The parties have liberty to apply on 2 days' notice. See end of judgment for Schedule of Conditions of Supervision Catchwords: HIGH RISK OFFENDER – preliminary hearing – application for an extended supervision order (ESO) for period of two years – defendant with prior convictions for child sexual offences – where defendant subject to ESO imposed in 2019 – where earlier ESO suspended from November 2022 due to defendant being arrested and entering custody – where defendant has pleaded guilty to counts of breaching the ESO – Court required to consider afresh whether defendant poses unacceptable risk of committing another serious offence if not kept under supervision under ESO – no opposition to the making of Interim Supervision Order - where making of ISO justified – where unclear in present case when defendant's present custody will expire – timing of commencement of an Interim Supervision Order (ISO) – where need to revoke earlier ESO so defendant not subject to two orders with different conditions Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) ss 5B, 5I, 6, 7, 9, 10A, 11, 13 Cases Cited: Attorney General for New South Wales v Tillman [2007] NSWCA 119 Director of Public Prosecutions (NSW) v Van Gestel [2022] NSWCCA 171 State of NSW v Clarke [2019] NSWSC 411 State of New South Wales v Doherty (Final) [2022] NSWSC 1144 State of New South Wales v Hackett (Final) [2022] NSWSC 885 State of NSW v Hudson [2019] NSWSC 1761 State of New South Wales v Hudson (Preliminary) [2019] NSWSC 194 State of New South Wales v Kaiser [2022] NSWCA 86 State of New South Wales v Thomas (Preliminary) [2011] NSWSC 118 Texts Cited: Nil Category: Procedural rulings Parties: State of New South Wales (Plaintiff) Ian James Hudson (Defendant) Representation: Counsel: R McEwen (Plaintiff) K Averre (Defendant)