STATE OF TASMANIA v DWIGHT RAYMOND DEVINE 18 SEPTEMBER 2026
COMMENTS ON PASSING SENTENCE ESTCOURT J
These matters involve events that occurred on the night of 26 September 2022 and the early hours of 27 September 2022, primarily at [address redacted] and nearby [address redacted].
In the weeks leading up to the incident, the defendant Danny Devine, also known as “Packy”, had ended a tumultuous relationship with Nicole Wordsworth. Danny Devine had made threats against anyone Nicole Wordsworth might be with. On the evening in question, Nicole and her friend Amanda Oakley visited [address redacted], where a group of individuals, including Marcus McPherson, Emily McCauley, Tiarni Fox-Davis, Ebony Young, and Jordan Lockwood, were gathered. Nicole and Tiarni later left to visit another friend, while Jordan left to give someone a lift.
At approximately 12:30am, shots were fired into the front window of the house on [address redacted], and a man identified by the State as Danny Devine entered through the window, accompanied by several other men, one of whom was the defendant Dwight Devine. The men were armed with weapons, including bats, firearms, and an axe handle. Danny Devine and another man attacked Marcus McPherson causing injuries to his leg, while Dwight Devine pointed a firearm at Emily McCauley and demanded to know Nicole’s whereabouts. When it became clear that Nicole was not present, Danny Devine instructed the group to leave. As they exited, they damaged a car outside and another shot was fired.
Shortly after, Jordan Lockwood encountered Tiarni Fox-Davis [address redacted]. Two armed men, one identified by the State as Dwight Devine, approached and fired shots at Jordan’s car. The men then confronted Tiarni, with Dwight Devine pointing a firearm at her forehead. The other man recognised Tiarni and persuaded Dwight Devine to leave her alone. The men then fled and the police arrived soon thereafter.
The defendant was charged on indictment with 5 counts of Recklessly Discharging a firearm contrary to s 239B of the Criminal Code, 1 count of Aggravated Burglary contrary to s 245(a)(iii) of the Code, 1 count of Assault contrary to s 184 of the Code and 2 counts of Aggravated Assault contrary to s 183 and s 115 of the Criminal Code and Firearms Act.
The defendant was charged on indictment. He was found guilty by a jury of all nine counts.
The defendant has prior court appearances for burglary and stealing and offences involving dishonesty but has only one prior matter involving any form of violence. It is to be noted that he was only 18 at the time of the present offending and that while he was an active participant in the home invasion and the other offending, he was not the person who planned or initiated the commission of that offence.
I have had the benefit of a pre-sentence report on the defendant.
He was born and raised in Tasmania and is the second eldest of four brothers. He has limited contact with his father and no contact with his mother. He experienced drug, alcohol, and violence issues in his family home during childhood and he was known to Child Safety Services. He was sentenced to the Ashley Youth Detention Centre (AYDC) on eleven occasions. He maintains regular contact with his supportive grandmother and is in a loving relationship with his partner, who is the mother of his son.
He attended Triabunna Primary School and Jordan River Learning Federation but was expelled in Year 7 for fighting. He describes his reading and writing skills as average. While at AYDC, he obtained a learner’s permit and forklift licence. He has applied to participate in a Parenting Course and the Family Violence Offender Intervention Programme during his incarceration and has done work on courses to the extent that he has been able to in the time available while he has been in custody since 28 March 2026.
The defendant has been diagnosed with Attention Deficit Hyperactivity Disorder, Bipolar Affective Disorder, and Mild Intellectual Disability. He has received Buvidal injections for his addiction. His engagement with the NDIS has been sporadic, but he is working on a release plan. Before incarceration, he was a daily user of cannabis, methamphetamine, and Lyrica but has abstained from illicit substances since being imprisoned. He acknowledges the need for professional help to address his mental health and substance use issues. He describes his general health as average following injuries from a car accident in 2024.
The defendant accepts full responsibility for his offences and expresses a desire to become a good father to his son. He attributes his actions to “not thinking clearly on the day of the offences” but he did not elaborate further on that, nor address the impact on the victims when he was speaking with the author of the pre-sentence report.
I have had victim impact statements from or on behalf of Ms McCauley and Mr McPherson, they have both lost their jobs as a result of the consequences of the home invasion and attack upon Mr McPherson and Ms McCauley has, as might have been expected, suffered significant psychological injuries.
The defendant must be sentenced taking into account his young age and his desire to address his mental health and his substance abuse issues, and to create a new life for himself, but this was a serious example of a combination of crimes that are commonly described as violent home invasion, it involved the illegal possession and discharge of a firearm and injury to victims. In addition, the crimes of recklessly discharging a firearm in public and aggravated assault involving a firearm are extremely serious. In my view, there is no sentence other than an actual and immediate term of imprisonment that would meet the requirements of general and specific deterrence and denunciation. The factors personal to the defendant can be accommodated by suspending part of the sentence and allowing for parole.
The defendant is convicted of each of the crimes of which he was found guilty by the jury and I impose a single sentence of three years’ imprisonment, backdated to 28 March 2026. The second 18 months of that sentence is suspended on condition that the defendant commit no offence punishable by imprisonment for a period of two years from his release from prison. I specify that the defendant is not to be eligible for parole until has served half of the active component of this sentence.