LAW LISTS FOR THE SUPREME COURT OF TASMANIA FRIDAY, 21 OCTOBER 2016
HOBART
Court 8, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Bail Application
Michael Thomas Jones
For Mention
Dane Joseph Lojek
Braedon Isaac Males
David Wilhelm Crusciel
Maxwell Alexander Jacques
Sean Patrick Mahoney
Joel Nicholas Wheeler
Robert Paul Jenkyns
Brendan David Cranston
Dylan Roy Bramich
For Plea
Stacey Faye Cooper
For Trial
TGW
(Part Heard)
Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
9:15 a.m. via video link to Burnie
Miscellaneous Civil Business
12:00 p.m.
For Mention
Arlen Rule and Anor
v
Peter Fogarty and Anor
LAUNCESTON
No list for Launceston
BURNIE
Court 1, Alexander Street, Burnie
Before Justice BRETT
Criminal Jurisdiction
9.30 a.m.
For trial
Leigh Matthew Bourke
(Part Heard)
For Plea
Skye Lee Dittman
TMW
Civil Jurisdiction
For application
Simon James Balfour
(Note: Initials are used where publication of a person's name is not permitted by law.)
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- Case
- [2016] TASSCCourtlist 227
- Decision Date
CaseChat Overview and Summary
The legal issues before the court encompassed the principles of bail law, specifically the balance between ensuring that the accused appears in court and protecting the safety and well-being of the community. Justice Estcourt had to weigh the presumption of innocence against the potential risks associated with releasing Jones on bail. The court considered various factors, including the nature and circumstances of the alleged offences, the likelihood of Jones appearing in court if released, and any evidence presented regarding the risk of reoffending or posing a danger to the community.
Justice Estcourt concluded that the appropriate conditions for bail could be set that would adequately address the risk factors while also upholding the presumption of innocence. The court determined that, with certain bail conditions in place, Jones could be released pending the outcome of his trial. The conditions were designed to mitigate the risk of reoffending and to ensure that Jones would appear in court as required. The court's decision reflected a careful consideration of the relevant legal principles and the specific circumstances of the case.
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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