Inquest into the death of Dwayne Johnstone

Case Number: 2019/00085457

Findings Date: 21 August 2024

Magistrate: Teresa O'Sullivan

CORONIAL LAW | First Nations death in custody, section 23 mandatory inquest, prisoner attempting escape during medical escort, shot by firearm discharged by correctional officer, findings as to manner and cause of death, whether training of correctional officers adequate, consideration of Crimes (Administration of Sentences) Regulation 2014, whether regulations surrounding use of force and discharge of firearms by correctional officers clear, whether recommendation for legislative change ought be made under section 82 Coroners Act

Responses

Recommendations

To the New South Wales Attorney General and to the New South Wales Minister for Corrections:

1. That there be an urgent review of the legislation and regulations relating to the use of firearms by officers of Corrective Services New South Wales, and, in particular, cll 131 and 303 of the Crimes (Administration of Sentences) Regulation 2014, having regard to the findings in the inquest into the death of Dwayne Johnstone.