State of New South Wales v Devaney (Preliminary) [2021] NSWSC 1432

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Devaney (Preliminary) [2021] NSWSC 1432 Hearing dates: 2 November 2021 Date of orders: 5 November 2021 Decision date: 05 November 2021 Jurisdiction: Common Law Before: Dhanji J Decision: (1) An order pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 (''the Act''): (a) Appointing two qualified psychiatrists and/or registered psychologists (or any combination of two such persons) to conduct separate psychiatric and/or psychological examinations of the defendant and to furnish reports to the Supreme Court on the results of those examinations by a date to be fixed; (b) Directing the defendant to attend those examinations. (2) Pursuant to ss 10A and 10C of the Act, the defendant be subject to an interim supervision order for a period of 28 days. (3) Pursuant to s 11 of the Act, direct that the defendant, for the period of the interim supervision order, comply with the conditions set out in the Schedule. Noted: Order made in the terms of prayer 4 in the summons at the commencement of the hearing. That is an order that: (1) Access to the Supreme Court's 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. Catchwords: HIGH RISK OFFENDERS – extended supervision orders – preliminary hearing – appointment of psychiatrists or psychologists – where defendant convicted of shoot with intent to murder in 2008 – previous non-compliance with medication for schizophrenia – successful completion of one year on parole – interim test satisfied – interim supervision order granted Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 4, 5B, 5D, 7, 9, 10A, 10C, 11 Mental Health Act 2007 (NSW) Cases Cited: Attorney General for New South Wales v Tillman [2007] NSWCA 119 Attorney General for the State of New South Wales v Hayter [2007] NSWSC 983 Devaney v R [2012] NSWCCA 285 State of New South Wales v Brookes [2008] NSWSC 150 State of New South Wales v Donovan [2015] NSWSC 1254 State of New South Wales v Kamm (Final) [2016] NSWSC 1 State of New South Wales v Michael Lidster [2020] NSWSC 275 State of New South Wales v Sturgeon [2019] NSWSC 559 State of New South Wales v Wilkinson (Preliminary) [2020] NSWSC 1813 Winters v Attorney General of New South Wales [2008] NSWCA 33; (2008) 182 A Crim R 107 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Todd William Devaney (Defendant) Representation: Counsel: C McGorey (Plaintiff) T Edwards (Defendant)