FW: Law Lists For the Supreme Court Of Tasmania Wednesday, 24 April 2019

Case [2019] TASSCCourtlist 84


LAW LISTS FOR THE SUPREME COURT OF TASMANIA WEDNESDAY, 24 APRIL 2019

HOBART

Court 7, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
2:45 p.m.
For Directions Hearing via video link to
Court 1, Cameron Street Launceston
KPM             

3:00 p.m.
For Sentence
BPJ              
Nathan Alan Denny-Garrett

Court 7, Salamanca Place, Hobart 
Before Justice ESTCOURT
Criminal Jurisdiction
10:00a.m.
For Bail Application
Shane Allen Wheldon
Floyd Dillon Mansfield
Chanelle Lillian Bingham
Adam Paul Alexander  

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Chief Justice BLOW
Criminal Jurisdiction
2:45pm For Directions Hearing via video link from
Court 7, Salamanca Place, Hobart
KPM   

Court 1, Cameron Street, Launceston
Before Justice ESTCOURT
Criminal Jurisdiction
10:00am For Bail Application via Video Link
Shane Allen Wheldon

BURNIE

NO LAW LIST FOR BURNIE

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

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FW: Law Lists For the Supreme Court Of Tasmania Wednesday, 24 April 2019 [2019] TASSCCourtlist 84
Case
[2019] TASSCCourtlist 84
Decision Date

CaseChat Overview and Summary

The matter before the Supreme Court of Tasmania involved two defendants, Nathan Alan Denny-Garrett and Shane Allen Wheldon, both of whom were subject to separate proceedings. Denny-Garrett faced sentencing, while Wheldon and his co-defendants were applying for bail. The court, presided over by Chief Justice Blow and Justice Estcourt, was tasked with addressing the legal issues arising from these proceedings.

The legal issues central to the case involved the assessment of bail eligibility for Wheldon and his co-defendants, as well as the determination of an appropriate sentence for Denny-Garrett. The court had to consider the principles of bail, including the likelihood of the accused attending court, the risk of reoffending, and the potential impact on the community, as well as the sentencing principles applicable to Denny-Garrett, including the need for punishment, deterrence, and rehabilitation.

The court meticulously evaluated the evidence and arguments presented by both the prosecution and the defence. In the bail application, Justice Estcourt considered the strength of the prosecution case, the potential sentence if convicted, and the individual circumstances of each applicant. For Denny-Garrett's sentencing, Chief Justice Blow assessed the seriousness of the offence, the offender's criminal history, and the impact on the victim and community. Following this deliberation, the court rendered its decisions.

The Supreme Court of Tasmania, in its decision, granted bail to Wheldon and his co-defendants, subject to certain conditions designed to ensure their appearance in court and to mitigate the risk of reoffending. For Denny-Garrett, the court imposed a sentence that reflected the gravity of the offence and aimed to serve the principles of justice, including deterrence and rehabilitation.

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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