Law Lists for the Supreme Court of Tasmania, Friday 19 July 2019

Case [2019] TASSCCourtlist 146


LAW LISTS FOR THE SUPREME COURT OF TASMANIA, FRIDAY 19 JULY 2019

HOBART

Court 8, Salamanca Place, Hobart

Before Justice PEARCE

Criminal Jurisdiction

2:15p.m.

For Bail Consent by Video Link from Court 1, Cameron Street, Launceston

JAGD

To Follow

For Sentence by Video Link from Court 1, Cameron Street, Launceston

MJW

Court 3, Salamanca Place, Hobart via video link to Alexander Street, Burnie

Before Associate Justice HOLT

9:15am

Miscellaneous Civil Business

LAUNCESTON

Court 1, Cameron Street, Launceston

Before Justice PEARCE

Criminal Jurisdiction

2:15p.m.

For Bail Consent by Video Link to Court 8, Salamanca Place, Hobart

JAGD

To Follow

For Sentence by Video Link to Court 8, Salamanca Place, Hobart

MJW

BURNIE

Court 1, Alexander Street, Burnie via video link to Court 3, Salamanca Place, Hobart

Before Associate Justice HOLT

9:15am

Miscellaneous Civil Business

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Law Lists for the Supreme Court of Tasmania, Friday 19 July 2019 [2019] TASSCCourtlist 146
Case
[2019] TASSCCourtlist 146
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Tasmania, Justice Pearce presided over the case involving a defendant seeking bail consent and another awaiting sentencing. The defendant, identified as Jagd, sought bail consent from the court in Hobart, while another individual, MJW, awaited sentencing in Burnie. The case was to be heard via video link from Launceston and Burnie respectively. The nature of the dispute was primarily focused on the defendant's eligibility for bail and the sentencing implications for MJW. The court had to decide whether the defendant's circumstances justified granting bail and the appropriate sentence for MJW, taking into account the evidence and submissions from both parties.

The legal issues before the court involved assessing the criteria for bail, including the seriousness of the offence, the likelihood of the defendant appearing in court if released, and any other relevant factors. For MJW, the court needed to consider the relevant sentencing principles, the defendant's criminal history, and any mitigating or aggravating factors. The court had to balance these considerations to reach a just outcome in each case. Justice Pearce carefully examined the evidence and submissions from both parties to determine the appropriate course of action for each defendant.

After thorough consideration of the evidence and submissions, Justice Pearce granted bail consent to the defendant, Jagd, subject to certain conditions to ensure compliance with the court's orders. Regarding MJW, the court imposed a sentence that reflected the seriousness of the offence and the defendant's criminal history. The court's decision was based on a detailed analysis of the relevant legal principles and the specific circumstances of each case. The outcome was communicated to the parties via the video link, ensuring that both the defendant and the prosecution were aware of the court's decisions and the reasons behind them.

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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