State of New South Wales v Hudson (No 2) (Preliminary)

The case involved the State of New South Wales against Hudson, where the defendant, who had prior convictions for child sexual offences, was subject to an extended supervision order (ESO) imposed in 2019. The ESO was suspended in November 2022 due to the defendant being arrested and entering custody. Hudson has since pleaded guilty to breaching the ESO. The Court of Appeal was tasked with determining whether Hudson posed an unacceptable risk of committing another serious offence if not kept under supervision under an ESO. Additionally, the court had to consider the timing of the commencement of an interim supervision order (ISO) and whether to revoke the earlier ESO to avoid the defendant being subject to two orders with different conditions.

The central legal issues were whether Hudson continued to pose an unacceptable risk and warranted an ESO, and if so, when the ISO should commence. The court had to consider Hudson's history of offending and the breach of the existing ESO, while also taking into account the unclear timing of his release from custody. Furthermore, the court needed to decide on the appropriate conditions for the new ESO, including whether to revoke the earlier ESO to avoid conflicting orders.

The court concluded that Hudson still posed an unacceptable risk of committing another serious offence and that an ESO was necessary. The court decided to make an interim supervision order effective from the date of Hudson's release from custody. The earlier ESO was revoked to ensure Hudson was not subject to two orders with different conditions. The court emphasised the importance of ensuring Hudson's supervision to protect the community and provide him with the necessary support to reduce his risk of reoffending.

The final orders included the making of an interim supervision order for a period of two years, effective from the date of Hudson's release from custody, and the revocation of the earlier ESO to avoid any confusion or conflict in the conditions of supervision.