Further Amended Law Lists for the Supreme Court of Tasmania Monday, 29 March 2021hobart

Case [2021] TASSCCourtlist 92


FURTHER AMENDED LAW LISTS FOR THE SUPREME COURT OF TASMANIA MONDAY, 29 MARCH 2021

HOBART

Court 7, Salamanca Place, Hobart
Before the FULL COURT
4:30 p.m
For Judgment
Christopher John Boland v Clarence City CouncilCourt 8, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
Not before 11:15a.m.
For Directions Hearing
Alani Povalu Moeakiola   
Joe Robert Moeakiola
David Hau Moeakiola

For Directions Hearing and Bail Variation
Ryan Edward Brown   

For Directions Hearing
Chelsea Patricia Doreen Smith
Renee Helene Kelly  
Patrick Simon Bailey
JD
Glenn William Kremmer
Daniel Nicky Smith
Elizabeth Ann Scott
Brett Raymond Fenton
MJP
Baden George Mann
Janelle Lynette Heron
ADSN

For Directions Hearing via video-link to Risdon Prison Complex 2
Brandon Malcolm Charlesworth
Jai Craig Nichols  
Jacob Scott Riley-McDonald
Jacob Anthony Burden
Tony Matthew White
Dion James Cragg
Mitchell Anthony Noel Allie

For Directions Hearing via video-link to Ron Barwick Minimum Security
Shane Michael Emmerton
Martin Gerard Quigley

For Directions Hearing via video-link to Secure Mental Health Facility
Shaun James Scott

For Bail Consent
Maryann Wall
John Reeves
Christopher John Howard
Ashley Erin Moore
ATR
Melinda Ann Berry
NMH 
Roderick Leigh Triffett
Anthony Stephen Butcher
Casey Nicholas Booth
Adam John Munnings
Todd Athol Jackson
Rhonda Ruth O’Sign
Kain Lewis Cowen
Michael John Hopkinson

For Application
Kye Scott James

For Plea
Jacob Kuba Iwaszek

For Bail Application
Frederick Craig Rushton

12:00p.m.
For Mention via video-link to PWR, Alexander Street, Burnie
Jessie Lee Woodhouse

12:30p.m.
For Mention via video-link to PWR, Alexander Street, Burnie
KJD

2:15p.m.
For Bail Application
Tamara Leigh Clements  

4:00p.m.
For Directions Hearing
TPB

4:15 p.m.
For Application
Sean William McKenzie

4:30 p.m.
For Judgment 
Aaron Roy Johnston      
v
Senior Constable Alisha Barnes and anor    

For Judgment
Director of Public Prosecutions  
v
Davies Brothers Pty Ltd

Court 3, Salamanca Place, Hobart

Before Justice WOOD
Civil Jurisdiction
2:15 p.m
For Hearing via video-link
Senior Constable Scott Wilkie
v Taban Joseph John Barnaba

Court 7, Salamanca Place, Hobart
Before Justice PEARCE
Criminal Jurisdiction
10:00am
For Directions Hearing
Aarif Billah Eldelah

For Bail Consent
Jaimie Stephen Sexton

For Trial
BTH

Court 2, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
4:15pm
For Directions Hearing via video link from Court 1, Cameron Street, Launceston
and to Risdon Prison Complex
MMP

For Directions Hearing via video link from Court 1, Cameron Street, Launceston
EEVP
Court 1, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
10:00a.m.
For Trial
Barry James Ambrose Cook

2:00p.m.
For Sentence via video-link to Risdon Prison Complex
Aiden Michael James Spaulding

2:15p.m.
For Mention
Aaron Dean Eaves

Court
2, Salamanca Place, Hobart
Before Associate Justice HOLT
11:00a.m.
For Hearing – interlocutory application
Mures Fishing Pty Ltd (ACN 069 572 149)
v Patrick Gerrard Holloway and anor

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice BRETT
Criminal Jurisdiction
10:00am
For Bail Consent/Mention
Nicholas David Preston
Brody Reginald Costello

Court 1, Cameron Street, Launceston
Before Justice BRETT
Criminal Jurisdiction
4:15pm
For Directions Hearing via video link to Court 2,
Salamanca Place, Hobart and Risdon Prison Complex
MMP

For Directions Hearing via video link to Court 2, Salamanca Place, Hobart

EEVP

BURNIE

Court 1, Alexander Street, Burnie
Before Chief Justice BLOW
Criminal Jurisdiction
12:00p.m.
For Mention via video-link from Court 8, Salamanca Place, Hobart 
Jessie Lee Woodhouse

12:30p.m.
For Mention via video-link from Court 8, Salamanca Place, Hobart 
KJD
Court 1, Alexander Street, Burnie
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Trial
AGR   
(Part-heard)

4:15 p.m.
For Sentence
GWT

Details
AGLC
Further Amended Law Lists for the Supreme Court of Tasmania Monday, 29 March 2021hobart [2021] TASSCCourtlist 92
Case
[2021] TASSCCourtlist 92
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Tasmania, the case of Director of Public Prosecutions v Davies Brothers Pty Ltd was heard before Justice Wood. The dispute centered on the charges brought against Davies Brothers Pty Ltd for breaches of occupational health and safety regulations. The legal issues at hand involved the interpretation and application of the Occupational Health and Safety Act and the penalties that could be imposed on the company for the alleged breaches.

Justice Wood began by examining the legislative framework and the specific provisions of the Occupational Health and Safety Act that were relevant to the charges. The court considered whether the prosecution had established that Davies Brothers Pty Ltd had indeed breached the occupational health and safety regulations. The key issue was whether the company had taken all reasonably practicable steps to ensure the safety of its employees. The court reviewed the evidence presented, including expert testimonies and the circumstances of the incident in question.

After thorough deliberation, Justice Wood concluded that the prosecution had met its burden of proof. The company had failed to implement adequate safety measures, which directly contributed to the incident. Consequently, Justice Wood found Davies Brothers Pty Ltd guilty on all counts. The court then proceeded to consider the appropriate penalties, taking into account the severity of the breaches and the company's history of compliance. The final decision involved determining the fines and other sanctions that would be imposed on the company.

The court ordered Davies Brothers Pty Ltd to pay substantial fines and also mandated that the company implement comprehensive safety measures moving forward. Additionally, the court required the company to submit regular reports to the Occupational Health and Safety authorities, demonstrating compliance with the new safety protocols. The decision underscored the importance of adhering to occupational health and safety regulations and the serious consequences of non-compliance.

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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