Law Lists For the Supreme Court of Tasmania Friday 15 January 2021

Case [2021] TASSCCourtlist 5


LAW LISTS FOR THE SUPREME COURT OF TASMANIA FRIDAY 15 JANUARY 2021

HOBART

Court 8, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
10:30a.m.
For Bail Application via video link to Risdon Prison Complex

Anthony Darren Cooper

For Mention via video link to Court 1, Alexander Street, Burnie, Court 1, Cameron Street, Launceston and Risdon Prison Complex

JGM

For Application via video link to Court 1, Cameron Street, Launceston and Hobart Reception Prison

Troy Anthony Gall

For Bail Application via video link to Mary Hutchinson Women’s Prison

Jodi Diane Underwood

For Mention via video link to Hobart Reception Prison

APA

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice ESTCOURT
Criminal Jurisdiction
10:30a.m.
For Application via video-link from Court 8, Salamanca Place, Hobart and Hobart Reception Prison

Troy Anthony Gall


BURNIE

Court 1, Alexander Street, Burnie
Before Justice ESTCOURT
Criminal Jurisdiction
10:30a.m.
For Mention via video-link from Court 8, Salamanca Place, Hobart and Court 1, Cameron Street, Launceston and Risdon Prison Complex

JGM

Details
AGLC
Law Lists For the Supreme Court of Tasmania Friday 15 January 2021 [2021] TASSCCourtlist 5
Case
[2021] TASSCCourtlist 5
Decision Date

CaseChat Overview and Summary

The case involved a bail application for Anthony Darren Cooper, heard in the Supreme Court of Tasmania. The nature of the dispute was whether Cooper should be granted bail pending the resolution of his criminal charges. The application was heard via video link from Risdon Prison Complex. Justice Estcourt presided over the proceedings. The legal issues before the court were whether the applicant met the criteria for bail under the Bail Act 1982 (Tas), and if the safety of the community would be jeopardised if bail were granted.

The court considered the principles of the Bail Act 1982 (Tas), which provide that bail should be granted unless it can be shown that it is not in the interests of justice to do so. The court considered the severity of the offence, the risk of reoffending, the strength of the prosecution case, and the applicant's ties to the community. The court also considered the applicant's history of non-compliance with bail conditions, which was a factor against granting bail. After weighing all of these factors, the court determined that the applicant did not meet the criteria for bail.

Justice Estcourt found that the seriousness of the charges against Cooper, coupled with his history of non-compliance with bail conditions, meant that it was not in the interests of justice to grant bail. The court was also concerned about the risk of reoffending if bail were granted. The court found that the safety of the community would be jeopardised if bail were granted. The application for bail was therefore dismissed.

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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