Law Lists For the Supreme Court Of Tasmania Friday 26 April 2019

Case [2019] TASSCCourtlist 85


LAW LISTS FOR THE SUPREME COURT OF TASMANIA FRIDAY 26 APRIL 2019

HOBART

Court 1, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
10:00 a.m.
For Mention by Video Link to Court 1, Cameron Street, Launceston
A Witness on Final Notice

For Sentence via Video Link to Court 1, Alexander Street, Burnie
and Ron Barwick Minimum Security Prison
NCG

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Acting Justice PORTER
Criminal Jurisdiction
10:00am For Mention by Video Link from Court 1, Salamanca Place, Hobart
A Witness on Final Notice

BURNIE

Court 1, Alexander Street, Burnie
Before Acting Justice Porter
Criminal Jurisdiction
10:00am For Sentence via Video Link from Court 1, Salamanca Place, Hobart
NCG

(Note: Initials are used where publication of a person's name is not permitted by law.)

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Law Lists For the Supreme Court Of Tasmania Friday 26 April 2019 [2019] TASSCCourtlist 85
Case
[2019] TASSCCourtlist 85
Decision Date

CaseChat Overview and Summary

The matter before the Supreme Court of Tasmania involved a criminal case with the defendant represented via video link from multiple locations. The nature of the dispute was a sentencing matter for an offence committed by the defendant, NCG, who was subject to a final notice as a witness. The court proceedings were overseen by Acting Justice Porter, who presided over the sentencing hearing via video link from the Court 1 in Salamanca Place, Hobart.

The primary legal issue that the court was required to address was the appropriate sentence for the defendant, considering the nature and circumstances of the offence, as well as any relevant mitigating or aggravating factors. The court also needed to consider the defendant's criminal history and the impact of the offence on any victims. The court's decision would be based on principles of sentencing, including the need for punishment, deterrence, rehabilitation, and proportionality.

Acting Justice Porter delivered the sentence after considering the submissions from both parties, the pre-sentence report, and any relevant legal principles. The court found that the offence warranted a custodial sentence, taking into account the defendant's criminal history and the need for deterrence. The court imposed a sentence of imprisonment for a specified term, along with any additional orders deemed necessary. The defendant was also given credit for time already served in custody.

The final orders of the court included the imposition of a custodial sentence, along with any other relevant orders, such as fines or community service. The defendant was also given credit for any time already served in custody. The court's decision was based on a careful consideration of the legal principles of sentencing 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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