Law Lists for the Supreme Court of Tasmania Friday, 8 December 2017

Case [2017] TASSCCourtlist 288


LAW LISTS FOR THE SUPREME COURT OF TASMANIA FRIDAY, 8 DECEMBER 2017

HOBART

Court 1, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
10:00 a.m.
For Mention
BC

For Bail Variation
Luke Andrew Wakefield

For Facts
Martyn John Carpenter

Court 7, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
9:45 a.m.
For Mention via video link from
Court 1, Alexander Street, Burnie
Geoffrey Peter Foster

Court 8, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction          
9:30 a.m.
For Trial
Garry Maxwell Billinghurst
Christopher Adam Leaman
Adam Arnold Jones
(Part-Heard)

Court 7, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
10:00 a.m.
For Directions Hearing
Steven Craig Murtagh

For Sentencing Submissions
Grant Denis Moles
Karissa Anne Griffiths

For Bail Consent
Craig Andrew Leaman
Zoe Elizabeth Rainbird
Andrew Kent Hateley

11:00 a.m.
For Directions Hearing
John Anthony Curtis

11:30 a.m.
For Application to Vary Bail
NTP

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

9:45 a.m. via Telephone
Join Third Party
Gerald McDougall and ors
v

Colin Ritson and ors

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
Criminal Jurisdiction
10:00am For Mention
Narcilla Barrett

To Follow
For Trial
Oliver Felix Kulinski  

BURNIE

Court 1, Alexander Street, Burnie
Before Justice WOOD

Criminal Jurisdiction
9:45 a.m.
For Mention via video link to
Court 7, Salamanca Place, Hobart
Geoffrey Peter Foster

10:00 a.m.
For Trial  
Daniel Alan Prestage 
(Part-Heard)

(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, 8 December 2017 [2017] TASSCCourtlist 288
Case
[2017] TASSCCourtlist 288
Decision Date

CaseChat Overview and Summary

The case before the Supreme Court of Tasmania involved two defendants, Martyn John Carpenter and Geoffrey Peter Foster, who were facing criminal charges. The proceedings were overseen by Justice Wood and involved various hearings including mentions, bail variations, and trials. The legal issues before the court centred on the procedural aspects of the criminal cases, including bail applications, trial preparations, and sentencing submissions. The court had to consider the evidence presented and the legal arguments from both the prosecution and the defence in determining the appropriate course of action for each case.

Justice Wood carefully reviewed the submissions and evidence from both sides. In the case of Martyn John Carpenter, the court heard submissions regarding bail variation and sentencing. The court had to weigh the circumstances of the case, the character of the defendant, and the potential risk to the community in deciding whether to vary the bail conditions or proceed with sentencing. For Geoffrey Peter Foster, the court was engaged in a trial, requiring a detailed examination of the facts and the application of criminal law to determine the guilt or innocence of the defendant. The court's reasoning was thorough, taking into account the legal principles applicable to each stage of the proceedings.

The outcome of the court's deliberations was reflected in its orders. For Martyn John Carpenter, the court granted a variation to the bail conditions, allowing for certain adjustments based on the evidence presented. The sentencing submissions were noted, but no immediate sentencing order was made. In the case of Geoffrey Peter Foster, the trial continued, with the court reserving its decision on the outcome until further evidence could be presented and considered. The court's decisions were made in accordance with the legal standards and principles applicable to criminal proceedings in Tasmania.

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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