Law Lists for the Supreme Court of Tasmania Friday 24 January 2020

Case [2020] TASSCCourtlist 41


LAW LISTS FOR THE SUPREME COURT OF TASMANIA FRIDAY 24 JANUARY 2020

HOBART

Court 7, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
9:15 a.m.
For Application to Vary Bail via video link
Luke Anthony Shaw

10:00am
For Application to Vary Bail via video link to
Court 1, Supreme Court, Launceston
Kyam Keith Broadby

For Application to Revoke Bail
Jai Rainbird

For Bail Application
HFR
Anthony Cooper
Jamie Anthony Harwood
For Bail Application via video link
Damien William Harris
LAUNCESTON

Court 1, Cameron Street, Launceston
Before Acting Justice PORTER
Criminal Jurisdiction
10:00am
For Application to Vary Bail via video link from
Court 7, Supreme Court, Hobart
Kyam Keith Broadby

BURNIE

NO LAW LIST FOR BURNIE

Details
AGLC
Law Lists for the Supreme Court of Tasmania Friday 24 January 2020 [2020] TASSCCourtlist 41
Case
[2020] TASSCCourtlist 41
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Tasmania, Acting Justice Porter presided over a series of bail applications involving multiple defendants. The applicants, including Luke Anthony Shaw, Kyam Keith Broadby, Jai Rainbird, Anthony Cooper, Jamie Anthony Harwood, and Damien William Harris, each sought various forms of bail relief, such as varying or revoking existing bail conditions or applying for bail under specific circumstances. The proceedings were partly conducted via video link due to the geographical distribution of the applicants and the court's locations in Hobart and Launceston. The court's role was to evaluate the applications based on the principles of bail law, considering factors such as the nature of the alleged offences, the risk of reoffending, and the potential impact on the community.

The legal issues before the court involved interpreting and applying the Bail Act 1982 (Tas) to each individual case. The court had to assess whether the existing bail conditions were appropriate or if modifications were necessary. For some applicants, the question was whether their bail should be revoked based on new information or conduct. Each application required a careful examination of the evidence presented, including statements from the applicants, police reports, and any other relevant material. The court needed to balance the presumption of innocence with the need to protect the community and ensure that the defendants would comply with their bail conditions.

Acting Justice Porter deliberated on each application, considering the specific circumstances of each case. The court took into account the seriousness of the alleged offences, the applicants' criminal history, and their likelihood of attending court as required. For some, the court varied the bail conditions to better suit the current situation, while for others, the existing conditions were deemed sufficient. In cases where there was evidence of non-compliance or other concerning conduct, the court revoked the bail. Each decision was made with careful consideration of the legal framework and the practical implications for the applicants and the community. The final orders reflected the court's assessment of each case, providing clear directions for the applicants regarding their bail conditions.

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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