Case examples
Set out below are a few examples of Devon's work. The decisions’ names have been anonymised for privacy’s sake, and in some cases due to name suppression.
R v G
R v M
X v R
R v S
R v D
R v N
Police v B
Police v W
Mr M faced five allegations of sexual violation by two separate child complainants. Mr M was acquitted on the three most serious allegations. The jury were hung on two.
Mr X was convicted of over 50 allegations of serious sexual violence made by several complainants at a three-week trial. Devon represented Mr X on Appeal, alongside fellow Augusta Chambers lawyer Scott Brickell. All convictions were quashed.
Mr S and his co-defendant were charged with murder following a road rage incident. Julie-Anne Kincade KC and Devon acted on his behalf. The Crown ended up amending the charge to manslaughter and following trial, Mr S was sentenced to 4 years’ imprisonment after a cultural report and supporting evidence were furnished in his support.
Ms D was charged with aggravated robbery, having allegedly held an associate up at gunpoint before taking his vehicle. She obtained bail following a High Court appeal. Her charges were withdrawn following a hung jury at trial.
Ms N and her two daughters were charged with wounding with intent to cause grievous bodily harm. She was granted bail waiting trial and proceeded to trial on the basis she struck the complainant in the head with an axe in defence of her daughter, whom the complainant, she said, had stood over for an alleged drug debt. During the trial the Crown reduced the charge substantially, conceding defence of her daughter. Ms N is happily back in the community.
Mr B and his father defended several charges of assaulting a police officer. At trial video footage was produced which the defence say demonstrated the officer had fabricated his account to excuse the fact he was using excessive force and the defendants were actually acting in self defence. Both defendants were acquitted after Devon applied for the charges’ dismissal following coss-examination of the officers.
Police v V
Mr W was charged with possessing methamphetamine and cannabis for supply. Devon arranged for the charges to be substantially reduced and after Devon organised Mr W’s cultural report, rehabilitation and employment, he was sentenced to community detention and intensive supervision.
Mr V pleaded guilty to drinking and driving after striking an oncoming vehicle at an intersection and fleeing the scene. While on bail Mr V was again caught having drunk over the legal limit and driven. He sought to be discharged without conviction on both charges.
After producing expert evidence demonstrating he would be deported following conviction, that he had undergone extensive alcohol rehabilitation, and - as a consequence of his same sex marriage in New Zealand - would likely be subject to significant persecution upon return to his conservative community abroad, Mr V was discharged without conviction on all charges.
Police v C
After being charged with serious domestic violence allegations, Devon obtained Mr C’s bail following a High Court appeal. Evidence was furnished, setting out the security measures, rehabilitation opportunities and restrictions put in place by the proposed address, a rehabilitation provider. Mr C has since resolved on reduced charges, and after completing substantial rehabilitation awaiting his sentence, received a community based sentenced and is back in the community.
R v C
Mr C was charged with serious domestic violence offending. After negotiations with the Crown, Mr C's charges were reduced to a single summary charge to which he pleaded guilty and sought a discharge without conviction. After demonstrating significant rehabilitative efforts, restorative justice with his partner and family, and the adverse effect of a conviction upon Mr C's ability to conduct his business as a manager, Mr C was discharged without conviction and ordered to pay a small amount to a local charity.
Police v L
Mr G was charged with murder. Julie-Anne Kincade KC and Devon acted on his behalf. In the course of preparation, the defence uncovered a lengthy history of violence perpetrated by the deceased. This was revealed to the jury at trial. The defence argued Mr G acted in self-defence. He was found not guilty of both murder and manslaughter.
Mr L was charged with serious domestic violence offending against two close family members. From the outset, neither family member agreed with the prosecution's summary of facts. After producing independent evidence, Mr L's charges were significantly reduced to accurately reflect his and his family members' account of events. His bail was varied on appeal to allow him to be with his family while he underwent rehabilitation and restorative justice processes which ultimately led to a discharge without conviction.
