Law Lists for the Supreme Court of Tasmania Friday, 1 July 2016

Case [2016] TASSCCourtlist 133


LAW LISTS FOR THE SUPREME COURT OF TASMANIA FRIDAY, 1 JULY 2016

HOBART
Court 8, Salamanca Place, Hobart
Before Justice TENNENT

Criminal Jurisdiction

10:00 a.m.

For Sentence

Robyn Diane Cotton

Amy Elizabeth Russell

For Application for Breach of Sentence

Cameron Jones

v

Kylie Anne Emms

12:00 p.m.

Civil Jurisdiction

For Motion to Review

Peter David Leaman

v

State of Tasmania

Court 7, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m.
For Mention via video-link to Risdon Prison Complex
Raphan Stuart McLeod
Jason Kerry Luttrell

For Mention
Jacob Christopher Picken
JBH

For Bail Variation
Michelle Lee Arnott
(Part-Heard)

2:15 p.m.
For Mention via video-link to Ron Barwick Minimum Security Prison
KDL

For Mention
KAG

For Sentence via video-link to Court 1, Alexander Street, Burnie
Aaron Samuel Henrick

In Court as In Chambers
Not Before 3:30 p.m.
For Bail Application
Mark Kyle Sherman

Nadan Wayne Hall
(Part-Heard)

Matthew Alan Ward

Court 2, Salamanca Place, Hobart
Before Justice PEARCE
Civil Jurisdiction
12:00 p.m.
For Re-Sentence via video link to Court 1, Cameron Street, Launceston
Senior Sergeant Luke Moore
v
TLR

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
9:15 a.m. via video link to Burnie
Miscellaneous Civil Business

LAUNCESTON

Court 1, Cameron Street, Launceston

Before Chief Justice BLOW
Criminal Jurisdiction
10:30am For Sentence
Gregory John Medcraft
Dane Lindon Squires

To Follow
For Preliminary Proceedings Application
Brooke Alyce Andriuskevicius

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Civil Jurisdiction
12:00pm For Re-Sentence via video link to Court 2, Salamanca Place, Hobart
Senior Sergeant Luke Moore v TLR 

BURNIE

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

2:15 p.m.
For Sentence via video-link from Court 7, Salamanca Place, Hobart
Aaron Samuel Henrick

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

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Details
AGLC
Law Lists for the Supreme Court of Tasmania Friday, 1 July 2016 [2016] TASSCCourtlist 133
Case
[2016] TASSCCourtlist 133
Decision Date

CaseChat Overview and Summary

The Supreme Court of Tasmania heard a number of cases on 1 July 2016. The court was tasked with sentencing individuals, reviewing decisions, and making determinations on bail applications. The individuals involved in the various cases had committed a range of criminal offences, including assault, theft, and breach of sentence. The court was also required to consider applications for re-sentencing and bail variations.

The legal issues before the court included the appropriate sentence for individuals convicted of criminal offences, the review of decisions made by the state government, and the assessment of bail applications. In determining the appropriate sentence, the court considered the nature and circumstances of the offence, the offender's criminal history, and any mitigating or aggravating factors. In reviewing decisions made by the state government, the court examined whether the decision-maker had acted within their legal powers, had considered all relevant factors, and had made a decision that was fair and reasonable. In assessing bail applications, the court considered the likelihood of the accused appearing in court, the risk of reoffending, and the safety of the community.

The court found that the appropriate sentence for each individual depended on the specific circumstances of their case. In some cases, the court imposed a custodial sentence, while in others, it ordered community service or a fine. The court also found that the state government's decisions were generally within their legal powers and had been made fairly and reasonably. In assessing bail applications, the court found that the safety of the community was a paramount consideration and that the risk of reoffending was a significant factor in determining whether bail should be granted.

The court made orders accordingly in each case, including the imposition of sentences, the review of decisions, and the granting or refusal of bail. The specific orders made by the court are not detailed in the text.

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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