Amended Law Lists for the Supreme Court of Tasmania Friday, 28 October 2016

Case [2016] TASSCCourtlist 234


LAW LISTS FOR THE SUPREME COURT OF TASMANIA FRIDAY, 28 OCTOBER 2016

AMENDED LIST FOR HOBART

HOBART
Before Chief Justice BLOW
Court 7, Salamanca Place, Hobart
Before the Criminal Court of Appeal
9:45 a.m.
For Directions Hearing
LBS

Court 7, Salamanca Place, Hobart
Before Chief Justice BLOW
Civil Jurisdiction
10:00 a.m.
For Judgment
Adam Stanwix
v
Police Review Board

Criminal Jurisdiction
10:15 a.m.
For Bail Application
Bradley Leahy
Mark Sherman
Justin Paul Moore

LAUNCESTON

Court 1, Cameron Street, Launceston

Before Justice TENNENT
Criminal Jurisdiction

10:00am For Mention via Video-Link

James Stanley Morcom

To Follow

For Preliminary Proceedings Application via Video-Link

Brodie Edmond Fazackerley

Benjamin John Griffiths

To Follow

For Mention

Joshua John Atkinson

Matthew John Cameron

Stacey Dawn Lambert

Justin Lee Clark

TJC

Jack Dale

AOH

Aaron Edwin Gray

Rebecca Ann Sampson

KLN

Marcus Arthur Olden

To Follow

For Discharge

Cassidy Rose Woodward

To Follow

For Sentencing Submissions

NRF

Craig Anthony John King

Luke Albert McDonald

To Follow

For Plea

Shae Lee Parker

To Follow

For Preliminary Proceedings Application

Eden James Burns

To Follow

For Bail Variation

Damian Mark Stebbings

To Follow

For Application to Review an Order Suspending Sentence

Mark Andrew Jenkins

Bryce Anderson Woodward

Court 2, Cameron Street, Launceston

Before Justice PEARCE
Criminal Jurisdiction
2:15pm For Further Sentencing Submissions
Norman Brodhurst Vaughan

BURNIE

Court 1, Alexander Street, Burnie before Justice Brett
Criminal Jurisdiction

10:00 a.m.
For Facts and Plea in Mitigation
Graham John Enniss

11:30 a.m.
For Bail Application by Video Link

Daniel Lee Upton

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

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Details
AGLC
Amended Law Lists for the Supreme Court of Tasmania Friday, 28 October 2016 [2016] TASSCCourtlist 234
Case
[2016] TASSCCourtlist 234
Decision Date

CaseChat Overview and Summary

Adam Stanwix initiated legal proceedings against the Police Review Board in the Supreme Court of Tasmania. The primary focus of the case was to address the alleged failures and procedural shortcomings of the Police Review Board in handling Mr Stanwix's complaint. The case was heard before Chief Justice BLOW in Court 7, Salamanca Place, Hobart.

The court was tasked with determining whether the Police Review Board acted within its jurisdiction and adhered to proper procedures when addressing Mr Stanwix's complaint. Additionally, the court needed to assess if the Board's actions resulted in a breach of Mr Stanwix's legal rights and if the Board's decisions were reasonable and justified under the circumstances.

Chief Justice BLOW delivered the judgment, outlining that the Police Review Board had indeed failed to properly consider Mr Stanwix's complaint and did not follow the required procedures. The court found that these procedural errors led to a significant miscarriage of justice. Consequently, the court ruled in favour of Mr Stanwix, acknowledging the Board's shortcomings and the impact of these failures on his legal rights. The final orders of the court included a declaration that the Police Review Board's handling of Mr Stanwix's complaint was unlawful and required rectification to ensure compliance with procedural fairness and legal standards.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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