State of New South Wales v Devaney (Second Application Preliminary) [2024] NSWSC 1621

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Devaney (Second Application Preliminary) [2024] NSWSC 1621 Hearing dates: 16 December 2024 Date of orders: 16 December 2024 Decision date: 16 December 2024 Jurisdiction: Common Law Before: Campbell J Decision: (1) An order pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 (NSW) ("the Act"): (a) appointing two qualified psychiatrists or psychologists (or any combination of 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 by the Court; and (b) directing the defendant to attend those examinations. (2) An order: (a) pursuant to s 10A of the Act, that the defendant be subject to an interim supervision order from 3 February 2025 (the "ISO"); and (b) pursuant to s 10C(1) of the Act, that the ISO be for a period of 28 days. (3) An order directing the parties to bring in short minutes of order giving effect to my reasons by midday on Wednesday 18 December 2024. The form of orders and conditions may be lodged electronically with my chambers both in PDF and soft copy. (4) An order that 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 of access. Catchwords: HIGH RISK OFFENDERS – extended supervision orders – application for a second extended supervision order – application for interim supervision order – preliminary hearing – appointment of psychiatrists or psychologists – schizophrenia – continued lack of insight into own risk factors – unacceptable risk of committing a serious offence Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), ss 3, 4, 5B, 6, 7, 9, 10, 10A, 10C, 11 Crimes Act 1900 (NSW), s 29 Firearms Act 1996 (NSW) Mental Health Act 2007 (NSW) Cases Cited: Devaney v R [2012] NSWCCA 285 State of New South Wales v Devaney (Final) [2022] NSWSC 60 State of New South Wales v Devaney (Preliminary) [2021] NSWSC 1432 Category: Procedural rulings Parties: State of New South Wales (Plaintiff) Todd Devaney (Defendant) Representation: Counsel: P Aitken (Plaintiff) J Wilcox (Defendant)