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

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

The matters alleged in the supporting documentation, if proved, would justify satisfaction to a high degree of probability that the defendant posed an unacceptable risk of committing another serious offence if not kept under supervision. The defendant's serious and planned index offence, history of violence, familiarity with weapons, history of kickboxing, past non-compliance with medication, risk factors identified by expert assessment and limited testing in the community outweighed his recent progress for the preliminary threshold. Because his sentence and supervision would expire before the proceedings were determined, and because the protective purpose of the Act favoured supervision,...

Jurisdiction
Australia
Judgment Date
05 November 2021
Procedural Posture
Application for an Extended Supervision Order Under the Crimes (high Risk Offenders) Act 2006 (nsw) / Preliminary Hearing Concerning Appointment of Experts and an Interim Supervision Order
Outcome
Orders made appointing experts and placing the defendant on an interim supervision order for 28 days with conditions.
Legal Topics
['extended Supervision Orders' 'interim Supervision Orders' 'appointment of Psychiatrists or Psychologists' 'unacceptable Risk of Committing Another Serious Offence' 'use of Supporting Documentation at Preliminary Hearing' 'conditions of Supervision']
['criminal Law' 'high Risk Offenders' 'protective Supervision Orders' 'mental Health and Offending'] ['extended Supervision Orders' 'interim Supervision Orders' 'appointment of Psychiatrists or Psychologists' 'unacceptable Risk of Committing Another Serious Offence' 'use of Supporting Documentation at Preliminary Hearing' 'conditions of Supervision']

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Procedural Posture

Application for an Extended Supervision Order Under the Crimes (high Risk Offenders) Act 2006 (nsw) / Preliminary Hearing Concerning Appointment of Experts and an Interim Supervision Order

Legal Issues

  1. 1 ['Whether, for the purposes of s 7(4) of the Crimes (High Risk Offenders) Act 2006 (NSW), the matters alleged in the supporting documentation would, if proved, justify the making of an extended supervision order.' 'Whether material outside the supporting documentation could be considered in applying the s 7(4) test.' "Whether the defendant's current custody or supervision would expire before the proceedings were determined for the purposes of s 10A." 'Whether the Court should exercise its discretion to make an interim supervision order.' 'What conditions were appropriate for the interim supervision order.']

Ratio Decidendi

The matters alleged in the supporting documentation, if proved, would justify satisfaction to a high degree of probability that the defendant posed an unacceptable risk of committing another serious offence if not kept under supervision. The defendant's serious and planned index offence, history of violence, familiarity with weapons, history of kickboxing, past non-compliance with medication, risk factors identified by expert assessment and limited testing in the community outweighed his recent progress for the preliminary threshold. Because his sentence and supervision would expire before the proceedings were determined, and because the protective purpose of the Act favoured supervision,...

Court Disposition

Orders made appointing experts and placing the defendant on an interim supervision order for 28 days with conditions.

Orders

  • ['Pursuant to s 7(4) of the Crimes (High Risk Offenders) Act 2006 (NSW), two qualified psychiatrists and/or registered psychologists, or any combination of two such persons, are appointed to conduct separate psychiatric and/or psychological examinations of the defendant and furnish reports to the Supreme Court by a...