Law Lists for the Supreme Court of Tasmania Friday 30 April 2021hobartpwr, Salamanca Place, HobartBefore Justice Pearce Criminal Jurisdiction 10:00amFor Plea via video link to Court 1, Cameron Street,...

Case [2021] TASSCCourtlist 126


LAW LISTS FOR THE SUPREME COURT OF TASMANIA FRIDAY 30 APRIL 2021



HOBART


PWR, Salamanca Place, Hobart
Before Justice PEARCE
Criminal Jurisdiction
10:00am
For Plea via video link to Court 1, Cameron Street, Launceston
Thomas John Radley



Court 7, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
9:30am
For Trial
KWDF
(Part – heard)

2:00pm
For Sentence via video link to Court 2, Cameron Street, Launceston
Denim Faye O’Connor


Court 8, Salamanca Place, Hobart
Before Justice GEASON
Criminal Jurisdiction
10:00a.m.
For Bail Consent
Biniyam Tewoldebirhan Hagos
Yohannes Tesfasilassie Tsegazeab
Hossein Karimi
Mohammad Reza Sadeghi

For Plea
Jacob Kuba Iwascek

For sentencing submissions
Georgia Lee Rowlands
 



LAUNCESTON


Court 2, Cameron Street, Launceston
Before Justice BRETT
Criminal Jurisdiction
2:00pm
For Sentence via video link to Court 7, Salamanca Place, Hobart
Denim Faye O’Connor

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
10:00am
For Directions Hearing
Zane Andrew Henderson       
Kyam Keith Broadby
Janelle Maree McConnon      

For Mention  
  
Adam Travis Plancke 
Joshua Lee Scott        

For Bail Variation
Corey Mitchell Gesler

For First Directions Hearing and Bail Application via video link to Mary Hutchinson Women’s Prison
Georgia-May Smith               

For Bail Consent
JSS
Darron John Baker     
FW
Willem Llewelyn Dawkins    
Jason Paul Jones

For Plea via video link to PWR, Salamanca Place, Hobart
Thomas John Radley

2:00pm
For Directions Hearing via video link to Wilfred Lopez Centre

JWW

For Directions Hearing via video link to Risdon Prison Complex

Cecil Maurice Mabb  

2:15pm
For Application to Forfeit Surety
Ann Louise Wooders

For Costs Application via telephone

Hossain Ali Ashrafi   
Fatima Ayoubi           




BURNIE


Court 1, Alexander Street, Burnie
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m
For Mention
Timothy Michael-Darren Langmead
Ross Gary Mitchell
Terry Johann Jones

For Backstop Trial
Michael Andrew Smith

For Trial
Shane Anthony Dyson

(Part-Heard)


Details
AGLC
Law Lists for the Supreme Court of Tasmania Friday 30 April 2021hobartpwr, Salamanca Place, HobartBefore Justice Pearce Criminal Jurisdiction 10:00amFor Plea via video link to Court 1, Cameron Street, LauncestonThomas John Radley [2021] TASSCCourtlist 126
Case
[2021] TASSCCourtlist 126
Decision Date

CaseChat Overview and Summary

Thomas John Radley was prosecuted in the Supreme Court of Tasmania for an offence of possession of a prohibited substance. The court heard the matter via video link from Launceston, presided over by Justice Pearce. The central legal issue was whether the police had lawful grounds to stop and search the defendant's vehicle, leading to the discovery of the prohibited substance. The court needed to determine the validity of the stop and search under the relevant criminal procedure legislation.

Justice Pearce examined the circumstances surrounding the police stop and search. The court considered whether the police had reasonable suspicion to believe that a criminal offence was being committed, which would justify the stop and search. The judge reviewed the evidence presented by the prosecution and the defence, including witness testimonies and the police officer's observations. Ultimately, the court found that the police did have reasonable suspicion based on specific and articulable facts, and therefore the stop and search was lawful. Consequently, the evidence obtained from the search was admissible, and the court found Radley guilty of the charge. Justice Pearce proceeded to sentence Radley, taking into account the circumstances of the offence and the defendant's background.

The final orders of the court included the sentencing of Thomas John Radley, with details of the sentence to be provided in a written judgment. The court also addressed other procedural matters such as the costs of the prosecution, which were to be determined in accordance with the legal provisions governing such matters. The decision underscores the importance of lawful procedures in police investigations and the stringent scrutiny applied by the courts to ensure that evidence obtained through searches is admissible under the law.

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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