LAW LISTS FOR THE SUPREME COURT OF TASMANIA FRIDAY 16 JULY 2021
HOBART
Court 7, Salamanca Place, Hobart
Before Acting Justice MARSHALL
Criminal Jurisdiction
10:00 a.m.
For Application to Vary Home Detention Order
Kyle Richard Dupree
10:15 a.m.
For Trial
Michael Linden Dennison
(Part-heard)
2:15 p.m.
For Application to Vary Bail
Daniel Nicky Smith
4:15 p.m.
For Bail Application via video-link to Hobart Reception Prison
Adam Dwayne Schultz
For Bail Application via video-link to Launceston Reception Prison and Court 2, Cameron Street, Launceston
Depesh Biswa
Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
9:15a.m. via video link to Supreme Court Conference Room, Alexander Street, Burnie
For Possession
AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED v David Thomas GOODSELL
11:00a.m.
For Directions Hearing
Andrew John SCOTT as trustee of the Estate of the Late Peter Pittiglio v Dean Marcus PITTIGLIO
12:00p.m.
For Amend to Statement of Claim
Darren John COLLINS and anor v DEVONPORT CITY COUNCIL
LAUNCESTON
Court 2, Cameron Street, Launceston
Before Acting Justice MARSHALL
Criminal Jurisdiction
4:15p.m.
For Bail Application via video-link from Court 7, Salamanca Place, Hobart
Depesh Biswa
BURNIE
Supreme Court Conference Room, Alexander Street, Burnie
Before Associate Justice HOLT
9:15a.m. via video link from Court 3, Salamanca Place, Hobart
For Possession
AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED v David Thomas GOODSELL
Details
- Case
- [2021] TASSCCourtlist 226
- Decision Date
CaseChat Overview and Summary
The Supreme Court of Tasmania heard an application for Kyle Richard Dupree to vary his home detention order. The matter was before Acting Justice Marshall. Dupree's legal representatives sought to have the conditions of his home detention order relaxed, citing improved behaviour and adherence to the existing conditions.
The court had to determine whether Dupree's behaviour warranted a modification to the conditions of his home detention order. This involved assessing evidence related to Dupree's compliance and conduct since the imposition of the order, as well as considering any mitigating factors presented by his legal team. The prosecution was also given the opportunity to present its arguments against any variation.
Acting Justice Marshall considered the evidence presented and concluded that Dupree had not sufficiently demonstrated the necessary improvement in his behaviour to justify a relaxation of the conditions. The court maintained the existing home detention order, noting that Dupree's compliance had been inconsistent and that further evidence of sustained good behaviour would be required before any variation could be considered. Dupree's application to vary the order was thus dismissed.
The court made no orders varying the home detention conditions imposed on Dupree. The order remained in effect as originally determined, with Dupree continuing to adhere to the specified conditions until further review.
The court had to determine whether Dupree's behaviour warranted a modification to the conditions of his home detention order. This involved assessing evidence related to Dupree's compliance and conduct since the imposition of the order, as well as considering any mitigating factors presented by his legal team. The prosecution was also given the opportunity to present its arguments against any variation.
Acting Justice Marshall considered the evidence presented and concluded that Dupree had not sufficiently demonstrated the necessary improvement in his behaviour to justify a relaxation of the conditions. The court maintained the existing home detention order, noting that Dupree's compliance had been inconsistent and that further evidence of sustained good behaviour would be required before any variation could be considered. Dupree's application to vary the order was thus dismissed.
The court made no orders varying the home detention conditions imposed on Dupree. The order remained in effect as originally determined, with Dupree continuing to adhere to the specified conditions until further review.
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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