LAW LISTS FOR THE SUPREME COURT OF TASMANIA, FRIDAY, 27 SEPTEMBER 2019
HOBART
Court 7, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
10:00 a.m.
For Trial
Bradley Scott Purkiss
Margaret Anne Otto
(part-heard)
Court 8, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
10:00a.m.
For Application
Aaron Charles McShane
For Bail Application
Norman Brodhurst Vaughan
Court 2, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
9:30 a.m.
For Mention via video link to
Supreme Court, Alexander Street, Burnie
LD
For Plea in Mitigation and Sentence
Johnny David Jones
10:00 a.m.
For Directions hearing via video link
to Risdon Prison Complex
Matthew John Davey
David John Eaton
For Mention
Christopher Vernon Clark
Stephen Thomas Hay
Luke David King
For Sentence
Brendon Matthew John Farnell
For Plea in Mitigation and Sentence
Jack Bradley Harvey
Not before 11:00 a.m.
For Plea and Facts and Sentence
Jason Leigh Goscombe
For Bail Application
Magnus Colby Oakley
For Bail Consent
Shaune Henry Howlett
Court 1, Salamanca Place, Hobart
Before Justice GEASON
Criminal Jurisdiction
9:30 a.m.
For Trial
JSP
Chambers, Salamanca Place, Hobart
Before Associate Justice HOLT
9.30 am
Warwick Charles Spalwit v Dorne Elizabeth Landon
Directions hearing by telephone
9.45 am
Linden Michael Forrest v Benjamin Dale Evans
Mention by telephone re expert proofs and referral to mediation
LAUNCESTON
Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
10:00a.m.
For Plea
Billy Galvin Gordon Riley
To Follow:
For Sentencing Submissions
Jarrod Robert Ward
Civil Jurisdiction
2:15p.m.
For Return of Surety
Stacey Maree Lodge/Shaun Andrew Tringrove
Criminal Jurisdiction
2:15p.m.
For Bail Application
Sherridan Keisha Weavell
BURNIE
Court 1, Alexander Street, Burnie
Before Justice ESTCOURT
Criminal Jurisdiction
9:30 a.m.
For Mention via video link from
Supreme Court, Salamanca Place, Hobart
LD
MAGISTRATES COURT LISTS available at:
- AGLC
- Law Lists for the Supreme Court of Tasmania, Friday, 27 September 2019 [2019] TASSCCourtlist 183
- Case
- [2019] TASSCCourtlist 183
- Decision Date
CaseChat Overview and Summary
The primary legal issue in the Vaughan bail application was whether the applicant met the criteria for bail as set out in the Bail Act 1982 (Tas). The court had to consider the seriousness of the offence, the likelihood of the applicant appearing in court, the risk of reoffending, and the protection of the community. In the Spalwit versus Landon directions hearing, the court needed to determine how the case should proceed, particularly in relation to expert proofs and the possibility of referral to mediation.
Justice ESTCOURT, after hearing submissions and reviewing the evidence, found that Norman Brodhurst Vaughan did not meet the criteria for bail due to the serious nature of the alleged offence and the risk of reoffending. Therefore, the bail application was dismissed. In the Spalwit versus Landon case, Justice HOLT directed that the matter proceed with a focus on expert evidence and suggested mediation as a means of resolving the dispute. This ensured that both parties understood the procedural path forward.
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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