State of New South Wales v Devaney (Final) [2022] NSWSC 60

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Devaney (Final) [2022] NSWSC 60 Hearing dates: 3 February 2022 Date of orders: 4 February 2022 Decision date: 04 February 2022 Jurisdiction: Common Law Before: Dhanji J Decision: (1) Pursuant to ss 5B and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW) ("the Act"), the defendant be subject to an extended supervision order ("the extended supervision order") for a period of three years from the date of the order. (2) Pursuant to s 11 of the Act, the defendant, for the period of the extended supervision order, must comply with the conditions set out in the schedule to this judgment. Catchwords: HIGH RISK OFFENDER – final hearing – application for extended supervision order - defendant convicted of only one offence – index offence of shoot with intent to murder offence in 2008 – history of offences involving violence and guns - defendant currently on a community treatment order and interim supervision order – mental illness – need for long term psychiatric care - extended supervision order imposed with conditions Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Mental Health Act 2007 (NSW) Cases Cited: Devaney v R [2012] NSWCCA 285 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 R v Engert (1995) 84 A Crim R 67 State of New South Wales v Devaney (Preliminary) [2021] NSWSC 1432 State of New South Wales v Donovan [2015] NSWSC 1254 State of New South Wales v Holschier (No 2) [2018] NSWSC 1921 State of New South Wales v Kamm (Final) [2016] NSWSC 1 State of New South Wales v Nikua (Final) [2021] NSWSC 1240 State of New South Wales v Wilkinson (Preliminary) [2020] NSWSC 1813 Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14 Winters v Attorney General of New South Wales (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)