Law Lists for the Supreme Court of Tasmania Friday, 7 December 2018

Case [2018] TASSCCourtlist 580


LAW LISTS FOR THE SUPREME COURT OF TASMANIA FRIDAY, 7 DECEMBER 2018

HOBART

Court 2, Salamanca Place, Hobart
Before Justice ESTCOURT

Criminal Jurisdiction
10:00 a.m.
For Mention
Scott Darrell Rhodes
Alexander Brett White
Alexander James Shepherd
Christopher Patrick Direen

For Facts and Sentence
David Loidl O’May

11.30 a.m.
For Facts and Sentence
Nicholas Alan James Lawton

Court 8, Salamanca Place, Hobart
Before Justice BRETT

Criminal Jurisdiction
10:00 a.m.
For Mention
Shannon Douglas Gee

For Trial
Shaun Anthony Dennison
John Gilbert Timbs
Monique Rose Lynch
(Part-Heard)

2:15 p.m.
For Facts and Sentence
Shannon Douglas Gee

Court 7, Salamanca Place, Hobart
Before Acting Justice MARSHALL
Criminal Jurisdiction
1:45 p.m.
For Application for Compensation Order
Luke George Jones

2:00 p.m.
For Sentence
Michael William Triffitt

Court 7, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
10:00 a.m.
For Directions Hearing via Video Link
Peter John O’Neill

For Directions Hearing via Video Link to
Risdon Prison Complex
Michael Samuel Charlesworth
Craig Raymond Silva

For Directions Hearing via Video Link to
Ron Barwick Minimum Security Prison
Mitchell John Campbell
Chris Byers Rossi

For Directions Hearing
VKP
Mishal Almishalawy
Glenn William Seabourne
Rodney Dale Gregson

For Bail Consent
Aaron Charles McShane
Bilal Moutwari

For Plea
Wayne William Howlett

Not Before 11:00 a.m.
For Bail Application
Matthew John Davey

Court 1, Salamanca Place, Hobart
Before Chief Justice BLOW
Civil Jurisdiction
10:00 a.m.
For Trial
Stephen John Edwards
v
Avant Insurance Ltd

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
9:15 a.m. via video link to Burnie
Miscellaneous Civil Business

10:00 a.m.
For Hearing
John Raymond Downham
v
John Doer Marshall
(Part Heard)

1:15 p.m.
Directions Hearing by Telephone
Maree Matic
v
Simpson Networks Pty Ltd and ors

LAUNCESTON

Before Justice GEASON
Civil Jurisdiction
9:30am For Judgment via video link to
Court 2, Salamanca Place, Hobart
Parsons v Director of Housing

Criminal Jurisdiction

10:00am For Bail Variation
Toby John Della Valle

To Follow
For Mention via video link to Ron Barwick
Minimum Security
Garry Lee Fullerton

To Follow
For Directions Hearing
Gemma Elizabeth Clark
Wayne Gregory Patterson
Christopher Brendan Keil
Dana Smith
Kerry Lee Cooper
Jerome Heath Peter Lees
Luke Anthony Joseph Burston
SAT             

To Follow
For Bail Application via video link to
Risdon Prison Complex
SJR

To Follow
For Sentencing Submissions
Katrina Gail Smith (aka Chick)

To Follow
For Bail Consent
Nicholas David Preston
Marshall Todd Watson
Cathy-Lee Hahn
JBA              

Steven Thomas Ashton

BURNIE

Court 1, Alexander Street, Burnie
Before Justice WOOD
Criminal Jurisdiction

10:00 a.m.
For Mention 
Trevor Andrew Kempton

For Sentence

Tahlea Eve Miller

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

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Details
AGLC
Law Lists for the Supreme Court of Tasmania Friday, 7 December 2018 [2018] TASSCCourtlist 580
Case
[2018] TASSCCourtlist 580
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Tasmania, Justice Estcourt presided over a hearing on December 7, 2018, involving several criminal matters. Among these, the case of David Loidl O’May was listed for facts and sentencing. The nature of the dispute involved the sentencing of O’May after a prior conviction. The court was tasked with determining the appropriate sentence in light of the facts presented and legal principles applicable to the case.

The primary legal issues the court needed to address were the nature and severity of O’May's criminal conduct, any mitigating or aggravating factors, and the principles of sentencing that should guide the court in arriving at a just outcome. The court considered statutory provisions and case law on sentencing, as well as the specific circumstances of the offence and O’May's background.

Justice Estcourt evaluated the evidence and arguments presented by both the prosecution and the defence. The court carefully weighed the aggravating factors, such as the seriousness of the crime and its impact on the victim, against any mitigating factors, including O’May's background and prospects for rehabilitation. Ultimately, the court determined that the appropriate sentence was one that reflected both the gravity of the offence and the need to consider the individual circumstances of the offender. The court imposed a sentence that balanced these considerations, ensuring it was both proportionate and in line with legal standards.

The final orders of the court included the specific sentence imposed on O’May, reflecting the court's comprehensive consideration of all relevant legal and factual aspects 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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