State of New South Wales v Hunt (No 2) [2017] NSWSC 1448

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Hunt (No 2) [2017] NSWSC 1448 Hearing dates: 8 May 2017 Date of orders: 08 May 2017 Decision date: 08 May 2017 Jurisdiction: Common Law Before: Rothman J Decision: (1) An order pursuant to s 17(1)(b) of the Crimes (High Risk Offenders) Act 2006 that the defendant be the subject of a High Risk Sex Offender Continuing Detention Order from 8 May 2017 to 3 September 2017.

(2) An order pursuant to s 20(1) of the Crimes (High Risk Offenders) Act 2006 that the Court issue a warrant for the committal of the defendant to a correctional centre for the period specified in paragraph 1 above.

(3) An order pursuant to s 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 that the defendant be subject to a High Risk Sex Offender Extended Supervision Order for a period of 5 years concluding 3 September 2022 and pursuant to s 11 of the Crimes (High Risk Offenders) Act 2006 direct that the defendant comply with the conditions set out in the Schedule attached to these orders.

(4) The parties have liberty to apply directly to the Associate of his Honour Justice Rothman to relist the matter. Catchwords: HIGH RISK SEX OFFENDER – application for Continuing Detention Order followed by Extended Supervision Order – defendant diagnosed with paraphilia – little chance of control without anti-libidinal medication – defendant agrees to undertake such medication program – time required to stabilise and test such medication – Continuing Detention Order granted for period sufficient for such stabilising and testing to occur – thereafter Extended Supervision Order for 5 year period issued. Legislation Cited: Crimes (High Risk Offenders) Act 2006, ss 9, 10, 11, 17, 18, 20, 25 Cases Cited: Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Michael Shane Hunt (Defendant) Representation: Counsel: DK Jordan (Plaintiff) P Coady (Defendant)