State of New South Wales v Hunt (No 2)

The State of New South Wales sought a Continuing Detention Order followed by an Extended Supervision Order in relation to the defendant, Hunt, who had been diagnosed with a paraphilia and was considered a high-risk sex offender. The application was heard in the Supreme Court of New South Wales. The legal issues before the court included the appropriate conditions for granting such orders, the necessity of anti-libidinal medication for the defendant, and the duration of the orders required for effective management of the defendant's condition.

The court considered the significant risk posed by the defendant, noting the little chance of control without the administration of anti-libidinal medication. Hunt agreed to undertake a medication program, but the court recognised the time required to stabilise and test the effectiveness of such medication. The court concluded that a Continuing Detention Order should be granted to allow for the necessary period of stabilisation and testing. Following this period, an Extended Supervision Order was issued for a period of five years to ensure ongoing management and monitoring of the defendant's condition.

In its judgment, the court balanced the need to protect the community against the rights of the defendant, ultimately finding that the proposed orders were necessary and proportionate. The court emphasised the importance of a structured approach to the defendant's treatment and supervision, ensuring that the orders provided a framework for both the defendant's rehabilitation and public safety. The final orders included the grant of a Continuing Detention Order until the defendant's medication program was stabilised and tested, followed by an Extended Supervision Order for five years, subject to specified conditions.