Law Lists for the Supreme Court of Tasmania, Friday, 27 September 2019

Case [2019] TASSCCourtlist 183


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:

Details
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 Supreme Court of Tasmania heard a range of criminal and civil matters on 27 September 2019. One of the significant cases involved a bail application by Norman Brodhurst Vaughan. Justice ESTCOURT presided over this application, which was listed for mention at 9:30 a.m. in Court 2 at Salamanca Place, Hobart. Another notable case was the directions hearing for Warwick Charles Spalwit versus Dorne Elizabeth Landon, scheduled for 9:45 a.m. in Chambers, also presided over by Associate Justice HOLT.

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

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.