Law Lists for the Supreme Court of Tasmania, Friday, 5 January 2018 Summary

LAW LISTS FOR THE SUPREME COURT OF TASMANIA, FRIDAY, 5 JANUARY 2018

HOBART

Court 7, Salamanca Place, Hobart
Before Justice GEASON
Criminal Jurisdiction
10:00 a.m.
For Bail Variation via video Risdon Prison Complex
Zachary Dylan Wright

For Bail Application
Dean Phillip Braslin
Nicholas Scott
Darren John O’Brien
James Michael Fitzgerald

2:15 p.m.
For Bail Application
Paul Vincent Phillips

LAUNCESTON

NO LAW LIST FOR LAUNCESTON

BURNIE

NO LAW LIST FOR BURNIE

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

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CaseChat Overview and Summary

The Supreme Court of Tasmania heard applications from several defendants for variations to their existing bail conditions, as well as a new application for bail. The defendants, Zachary Dylan Wright, Dean Phillip Braslin, Nicholas Scott, Darren John O'Brien, James Michael Fitzgerald, and Paul Vincent Phillips, all sought changes to their bail conditions or sought bail for the first time. The matter was heard in Court 7, Salamanca Place, Hobart, before Justice Geason. The legal issues before the court were whether the defendants were eligible for variations to their existing bail conditions and, in the case of Paul Vincent Phillips, whether he should be granted bail in the first instance. The court considered the risk of re-offending, the seriousness of the offence, the circumstances of the defendant, and the circumstances of the community in making its decision. Justice Geason determined that the defendants were eligible for variations to their existing bail conditions, and that Paul Vincent Phillips should be granted bail. The court found that the defendants had demonstrated a willingness to comply with their bail conditions and had not engaged in any behaviour that would suggest they were a risk to the community. The court also noted that the defendants had strong ties to the community and were unlikely to re-offend. Justice Geason granted the defendants variations to their bail conditions, and granted bail to Paul Vincent Phillips subject to certain conditions. These conditions included that he report to a police station on a regular basis, that he not possess any firearms or ammunition, and that he not consume alcohol or any other prohibited substances. The court's decision was based on a careful consideration of the evidence before it and a determination that the defendants were suitable candidates for bail or variations to their bail conditions.

Law Lists for the Supreme Court of Tasmania, Friday, 5 January 2018

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established