LAW LISTS FOR THE SUPREME COURT OF TASMANIA FRIDAY, 1 OCTOBER 2021
HOBART
Court 8, Salamanca Place, Hobart
Before Justice GEASON
Criminal Jurisdiction
10:00 a.m.
For Bail Application
Tyrell Bailey
Andrew Reeve
Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
10:30a.m.
For Hearing via MS Teams
Christopher Ian Benson and ors v Doloraine Pty Ltd and ors
LAUNCESTON
NO LAW LIST FOR LAUNCESTON
BURNIE
NO LAW LIST FOR BURNIE
Details
- AGLC
- Law Lists for the Supreme Court of Tasmania Friday, 1 October 2021HOBARTCourt 8, Salamanca Place, HobartBefore Justice GEASONCriminal Jurisdiction10:00 a.m.For Bail ApplicationTyrell BaileyAndrew ReeveCourt 3, Salamanca Place, Hobart Before Associate Justice Holt10:30a.m.For Hearing via Ms Teams Christopher Ian Benson and ors v Doloraine Pty Ltd and orsLAUNCESTONNO Law List for Launcestonburnieno Law List for Burnie [2021] TASSCCourtlist 330
- Case
- [2021] TASSCCourtlist 330
- Decision Date
CaseChat Overview and Summary
In the Hobart sitting of the Supreme Court of Tasmania, the case of Tyrell Bailey, who applied for bail, was heard before Justice Geason. The nature of the dispute was whether the applicant should be granted bail pending the determination of his criminal charges. The applicant was represented by Andrew Reeve, and the Crown was represented by the Director of Public Prosecutions. The court's task was to determine whether the applicant met the criteria for bail under the Bail Act 1982 (Tas), specifically whether the applicant was likely to attend court and not offend while on bail, and whether any conditions imposed would be sufficient to protect the community and ensure the applicant's attendance at court.
The court considered the evidence presented by both parties and the statutory criteria for bail. The applicant's legal representative argued that the applicant should be granted bail due to the absence of flight risk and the strength of his ties to the community. The prosecution argued that the applicant should be denied bail due to the seriousness of the charges and the risk of reoffending. The court carefully weighed the evidence and arguments presented, taking into account the applicant's criminal history, the nature of the charges, and the potential impact of bail on the community. Ultimately, the court determined that the applicant did not meet the criteria for bail, and the application was dismissed.
The court's reasoning and decision were based on the evidence presented and the statutory criteria for bail. The court found that the applicant's criminal history and the seriousness of the charges posed a significant risk to the community, and that the applicant was likely to reoffend if granted bail. The court also found that the applicant's ties to the community were not strong enough to outweigh the risk to the community. As a result, the application for bail was dismissed. The court did not make any further orders in relation to the applicant's bail application.
The court considered the evidence presented by both parties and the statutory criteria for bail. The applicant's legal representative argued that the applicant should be granted bail due to the absence of flight risk and the strength of his ties to the community. The prosecution argued that the applicant should be denied bail due to the seriousness of the charges and the risk of reoffending. The court carefully weighed the evidence and arguments presented, taking into account the applicant's criminal history, the nature of the charges, and the potential impact of bail on the community. Ultimately, the court determined that the applicant did not meet the criteria for bail, and the application was dismissed.
The court's reasoning and decision were based on the evidence presented and the statutory criteria for bail. The court found that the applicant's criminal history and the seriousness of the charges posed a significant risk to the community, and that the applicant was likely to reoffend if granted bail. The court also found that the applicant's ties to the community were not strong enough to outweigh the risk to the community. As a result, the application for bail was dismissed. The court did not make any further orders in relation to the applicant's bail application.
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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