LAW LISTS FOR THE SUPREME COURT OF TASMANIA FRIDAY, 20 AUGUST 2021
HOBART
Court 1, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Mention via video-link to Risdon Prison Complex
Darren Maxwell Burge
Wade Alan Mackenzie
For Mention via video-link to Ron Barwick Prison
James Allan Bennett Watts
For Mention
Ashley Erin Moore
Daniel Nicky Smith
Arif Ali Mohamed-Gamar
Jack Andrew Cole
Bayley Wayne Bester
Anthony Ray Laoumtzis
Travis Anthony Mortyn
Tyron James Page
For Plea
Martin Gerard Quigley
Cameron Scott Macdonald
For Application to Vary a Home Detention Order
Justin Paul Moore
For Sentence
Justin Craig Cleaver
For Bail Consent
Sean William McKenzie
Clinton Anthony Williams
Jeremy Mark Quinn
Samuel David William Maple
Not before 11:00 a.m.
For Mention
Kevin John Clancy
Court 2, Salamanca Place, Hobart
Before Justice PEARCE
Criminal Jurisdiction
11:00 a.m.
For Directions Hearing via video links from Court 1, Cameron Street, Launceston and to PWR, Alexander Street, Burnie
Thomas Joseph Gardam
Court 1, Salamanca Place, Hobart
Before Acting Justice MARTIN
Criminal Jurisdiction
9:00a.m.
For Plea
Cheryl Ann Kendall
09:30a.m.
For Bail Application video-link to Court 2, Cameron Street, Launceston and to Launceston Reception Prison
Ricky Damien Brown
For Bail Application via video-link to Court 2, Cameron Street, Launceston and to Mary Hutchinson Women’s Prison
Samantha Leslie
10:00a.m.
For Bail Application via video-link to Risdon Prison Complex
Hayden Joel Larner
Court 2, Salamanca Place, Hobart
Before Acting Justice MARSHALL
Criminal Jurisdiction
9:15 a.m.
For Mention via video-link from Court 1, Alexander Street, Burnie
Skye Kathleen Latham
LAUNCESTON
Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
11:00 a.m.
For Directions Hearing via video links to Court 2, Salamanca Place, Hobart and PWR, Alexander Street, Burnie
Thomas Joseph Gardam
Court 2, Cameron Street, Launceston
Before Acting Justice MARTIN
Criminal Jurisdiction
9:30a.m.
For Bail Application via video-link from Court 1, Salamanca Place, Hobart and to Risdon Prison Complex
Ricky Damien Brown
For Bail Application via video-link from Court 1, Salamanca Place, Hobart and to Mary Hutchinson Women’s Prison
Samantha Leslie
BURNIE
PWR, Alexander Street, Burnie
Before Justice PEARCE
Criminal Jurisdiction
11:00 a.m.
For Directions Hearing via video links from Court 1, Cameron Street, Launceston and to Court 2, Salamanca Place, Hobart and
Thomas Joseph Gardam
Court 1, Alexander Street, Burnie
Before Acting Justice MARSHALL
Criminal Jurisdiction
9:15 a.m.
For Mention by video-link to Mary Hutchinson Women’s Prison and Court 2, Salamanca Place Hobart
Skye Kathleen Latham
For Mention
William John Paul Evenett-Smith
For Bail Consent
Gary Gregory Orders
9:30 a.m.
For Trial
Timothy Michael Darren Langmead
(Part-heard)
11:00 a.m.
For Hearing via video-link to PWR, Salamanca Place, Hobart
Graeme Hutchinson
v
Melinda Horan
Details
- Case
- [2021] TASSCCourtlist 271
- Decision Date
CaseChat Overview and Summary
The case involved an application for bail by Graeme Hutchinson against Melinda Horan. The matter was heard in the Supreme Court of Tasmania before Justice Pearse. The legal issue was whether the applicant, Graeme Hutchinson, met the criteria for bail under the Bail Act 1982 (Tas). Specifically, the court needed to determine whether there were substantial reasons to believe that the applicant would not appear for trial if released on bail.
Justice Pearse considered the evidence and submissions from both parties. The applicant argued that he had strong ties to the community and would not pose a flight risk if released on bail. The respondent, represented by Melinda Horan, contended that the applicant had a history of failing to appear in court and was a significant flight risk. The court also considered the seriousness of the charges against the applicant and the potential impact on the community if he were released.
After considering the evidence and submissions, Justice Pearse concluded that there were substantial reasons to believe that the applicant would not appear for trial if released on bail. The court found that the applicant's history of failing to appear in court and the seriousness of the charges against him outweighed any arguments in favor of bail. Consequently, the court denied the applicant's bail application.
No further orders were made by the court.
Justice Pearse considered the evidence and submissions from both parties. The applicant argued that he had strong ties to the community and would not pose a flight risk if released on bail. The respondent, represented by Melinda Horan, contended that the applicant had a history of failing to appear in court and was a significant flight risk. The court also considered the seriousness of the charges against the applicant and the potential impact on the community if he were released.
After considering the evidence and submissions, Justice Pearse concluded that there were substantial reasons to believe that the applicant would not appear for trial if released on bail. The court found that the applicant's history of failing to appear in court and the seriousness of the charges against him outweighed any arguments in favor of bail. Consequently, the court denied the applicant's bail application.
No further orders were made by the court.
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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