Amended Law Lists for the Supreme Court of Tasmania Friday 14, December 2018

AMENDED LAW LISTS FOR THE SUPREME COURT OF TASMANIA FRIDAY 14, DECEMBER 2018

HOBART

Court 8, Salamanca Place, Hobart

Before the COURT OF CRIMINAL APPEAL

2:00 p.m.

For Judgment

The Queen
v
Christopher Kenneth Cook

Court 1, Salamanca Place, Hobart
Before Chief Justice BLOW
Civil Jurisdiction
9:45 a.m.
For Admission to the Legal Profession
Michael Rodriguez

10:00 a.m.
For Judgment
Stephen John Edwards
v
Avant Insurance Ltd

To Follow
Criminal Jurisdiction
10:00 a.m.
For Judgment
James Peter Needham

Court 2, Salamanca Place, Hobart
Before Justice PEARCE
Civil Jurisdiction
9:15a.m.
For Judgment by video link from
Court 2, Cameron Street, Launceston
Pamela Gahan
v
Philip Kerr

Court 8, Salamanca Place, Hobart
Before Justice BRETT

Criminal Jurisdiction
10:00 a.m.
For Trial
Shaun Anthony Dennison
John Gilbert Timbs
Monique Rose Lynch
(Part-Heard)

For Mention via video link
HFR

For Directions Hearing
Jye David Cowen

For Plea
JB

11:30 a.m.
For Application for Removal of Surety via video link
Craig Raymond Silva

For Directions Hearing
RJH
v
State of Tasmania

Civil Jurisdiction
12:00 p.m.
For Decision via video link to
Court 1, Alexander Street, Burnie
Angela Marie McKenna
v
Constable Jason Lyons

Criminal Jurisdiction
2:15 p.m.
For Directions Hearing via video link
Nathan Alan Denny-Garrett
Christopher Michael Goss

For Directions Hearing
Donald Wayne Russell
Cody Steven Faltusz

For Sentence

Aaron Campbell Brumley

Court 7, Salamanca Place, Hobart
Before Acting Justice SLICER
Criminal Jurisdiction
10:00 a.m.
For Directions Hearing via Telephone
Jessica Gay Schreiweis

For Directions Hearing via Video Link
to Risdon Prison Complex
Andrew Clint Whiley
Tye Paul Silver
Jacob Vernon Hardy
MLJ
Brett Anthony Lawless

For Directions Hearing via Video Link
to Mary Hutchinson Women’s Prison
Kim Michelle Gleeson

For Directions Hearing via Video Link
to Ron Barwick Minimum Security Prison
Wade Richard Burgess

For Directions Hearing
Justin Andrew Leary
Grant Eric Brown
Jamian Osbourne Burden
Jamie Leigh Fewkes
Glenn David Thorpe
Kellie Maree Thorpe
Jeffrey Ian Thompson
Samuel David Pennicott
Brendan James McGuire
Brendan David Cranston
RUB
Christopher Robert Condon
Rahn Marcus Hansson
Karen Patricia Nancy Keefe
David William Michaelson
Peter Gordon Hall

For Preliminary Proceedings Application
Daniel Robert Griffith

For Bail Consent
Amanda Louise White
BPJ

11:00 a.m.
For Bail Application via Video Link
to Risdon Prison Complex
James Michael Fitzgerald

For Bail Application
David Fysh
Hayden Dean-Scott Stone

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
9:30 a.m. via Video link Burnie
Miscellaneous Civil Business

11:00 a.m.
Extend Caveat
Lynne Seddon
v
Persons Bay Lodge Pty Ltd

LAUNCESTON

Court 2, Cameron Street, Launceston
Before Justice PEARCE
Civil Jurisdiction
9:15am For Judgment via video link to
Court 2, Salamanca Place, Hobart
Pamela Gahan
v
Philip Kerr

10:00am For Trial (Part Heard)
Fingal Pastoral Pty Ltd
v

Page Seager Lawyers

BURNIE

Court 1, Alexander Street, Burnie
Before Justice BRETT
Civil Jurisdiction

2:00 p.m.

For Decision via video link from
Court 8, Salamanca Place, Hobart

Angela Marie McKenna
v
Constable Jason Lyons

(Note: Initials are used where publication of a person's name is not permitted by law.)

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The case before the Court of Criminal Appeal involved the defendant, Christopher Kenneth Cook, appealing against his conviction. The appeal was heard on December 14, 2018, in Hobart. The legal issues at hand focused on the adequacy of the trial proceedings and the correctness of the trial judge's decisions in relation to the application of the law. The appeal questioned whether there were any errors in the trial that could have affected the outcome, and whether the sentence imposed was appropriate given the circumstances of the case.

In considering the appeal, the Court of Criminal Appeal examined the trial record and the arguments presented by both the prosecution and the defence. The court assessed whether the trial judge had properly directed the jury on the relevant legal principles and whether the evidence was sufficient to support the conviction. Additionally, the court reviewed the sentence to determine if it was within the appropriate range and whether any mitigating or aggravating factors had been adequately considered.

After thorough deliberation, the Court of Criminal Appeal upheld the conviction and the sentence imposed by the trial court. The court found that the trial judge had correctly applied the law and that the evidence was sufficient to support the conviction. The court also determined that the sentence was appropriate in the circumstances of the case, taking into account all relevant factors. Consequently, the appeal was dismissed, and the original conviction and sentence remained in place.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established