STATE OF TASMANIA v DANNY SCOTT DEVINE 25 SEPTEMBER 2026
COMMENTS ON PASSING SENTENCE ESTCOURT J
Danny Scott Devine, aged 39 at the time of the incident, has pleaded guilty to one count of Recklessly discharging a firearm contrary to s 239B of the Criminal Code, one count of Aggravated burglary, one count of Assault one count of Aggravated Assault contrary to both s 183 and s 115 of the Criminal Code and Firearms Act.
The defendant is the ex-partner of Nicole Wordsworth, with whom he had an acrimonious breakup. A prior family violence order against him had expired. In the week leading up to the incident, the defendant sent threatening messages to Ms Wordsworth, including a screenshot suggesting that he had shared a private photo of her.
On the evening of 26 September 2022, Ms Wordsworth visited [address redacted], with a friend, Amanda Parker. The house was occupied by several individuals, including Jordan Lockwood, Tiarni Fox-Davis, and others.
The defendant became aware of Ms Wordsworth’s visit to the house and began sending messages to his nephew, Kane Devine, asking for assistance. He also made calls to Kane, which were later deleted from his phone. In response, Kane Devine, Dwight Devine and Julie Devine, and Stephen Hopkinson left their home with a firearm and travelled to Mr Devine’s residence.
At approximately midnight, Ms Wordsworth and Ms Fox-Davis left [address redacted], while others remained inside. At about 12:30am, gunshots were heard outside the house, and a bullet was fired through the front window. The defendant entered the house, holding either a shotgun or an axe handle, and made threats. He and others assaulted Marcus McPherson, causing injuries, and Dwight Devine pointed a gun at Emily McCauley’s head, threatening her. The group demanded to know Ms Wordsworth’s whereabouts and caused significant property damage, including smashing a glass kitchen table and damaging a car parked outside. The group left the house, continuing to make threats.
Ms McCauley called emergency services at 12:47am, reporting the incident and identifying the defendant as one of the perpetrators. Ms Wordsworth and Ms Fox-Davis returned to the house shortly before 1:00am, finding extensive damage. Ms Wordsworth then walked up the street, yelling to attract the attention of the offenders. She encountered the defendant on Deak Street, where he was seen carrying an axe handle. He threatened Ms Wordsworth, chased her, and restrained her on the ground, he said to prevent her from harming herself. Police arrived at approximately 1:20am and observed him placing an item under a tree, which was later identified as a fibreglass blockbuster handle. Glass analysis and DNA testing linked him to the handle.
A subsequent investigation at [address redacted] revealed bullet holes, smashed windows, and other damage. Spent bullet fragments consistent with .22 calibre ammunition were recovered. A search of the defendant’s residence uncovered ammunition and an axe handle.
The defendant has prior convictions, which include burglary, theft, aggravated robbery, family violence, and other offences.
I have had victim impact statements from or on behalf of Ms McCauley and Mr McPherson. They both state that they have lost their jobs as a result of the consequences of the home invasion and attack upon Mr McPherson and Ms McCauley, and it has, as might have been expected, caused Ms McCauley significant psychological impact.
I have also had the benefit of a pre-sentence report prepared in respect of the defendant. He is the eldest of five children and has several step/half-siblings. His family has a history of involvement with the criminal justice system. His parents separated when he was seven, and he witnessed family violence and alcohol abuse during his early years. He lived with his mother initially, moved to his father’s care at age 10, but returned to his mother within a year. At 13, he was declared a Ward of the State and committed to Ashley Detention Centre. He has three children, two of whom he has not spoken to in two years due to restrictions from their mother. He has expressed regret about spending more time in custody than with his children and hopes to improve his relationship with them. He is not currently in a relationship and wishes to focus on self-improvement.
The defendant completed Year 9, but his education was disrupted by offending and time spent at Ashley Detention Centre. He reported behavioural issues during school but was never suspended or expelled. He admitted to having poor literacy skills and requiring ongoing assistance. He enjoys gardening, camping, and fishing with one of his children, with whom he maintains contact. He does not socialise with friends or participate in community groups or clubs. Mr Devine has been receiving a Disability Support Pension for the past half year or so, with intermittent employment. He previously worked as a bricklayer for four years and most recently built houses two years ago.
This offending was, at its core, 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. It was planned and co-ordinated by the defendant and, in my view, there is no sentence other than an immediate term of imprisonment that would meet the requirements of general and specific deterrence and denunciation.
The defendant is convicted of each of the crimes to which he has pleaded guilty and is sentenced to four years’ imprisonment, backdated to 14 January 2025 to take account of time already spent in custody. He is not to be eligible for parole until he has served half of that sentence.