Law Lists for the Supreme Court of Tasmania, Friday 8 October 2021

Case [2021] TASSCCourtlist 341


LAW LISTS FOR THE SUPREME COURT OF TASMANIA, FRIDAY 8 OCTOBER 2021

HOBART

In Chambers, Salamanca Place, Hobart Before Chief Justice BLOW Criminal Jurisdiction 11:30a.m. For SentenceMichael Dennis Briers


Court 7, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
9.30am
For Trial

MJD

Court 8, Salamanca Place, Hobart Before Acting Justice MARSHALLCriminal Jurisdiction 9:30a.m. For MentionMJP

For Sentence via video-link to Court 1, Alexander Street, BurnieTimothy Michael-Darren Langmead

10:00am
For Bail Application
Christopher James Harris

11:00a.m
For Bail Application
Adam Keith Moore

4:00p.m.
For Bail Application
Ricky Damian Brown
Timothy Geoffrey Briers

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
9:15a.m. via MS Teams
For Directions Hearing
Allan Peter RALPH v The Recorder of Titles

For R416 Directions Hearing
Ashley SCHERGER v Nicholas Andrew SUMMERS

For Mention
Susan Maree COCHRANE atf Bungaree Trust and anor v Dieter HELBIG and anor
For Mention
Australia and New Zealand Banking Group Limited v Craig Robert HOW

LAUNCESTON

NO LAW LIST FOR LAUNCESTON

BURNIE

Court 1, Alexander Street, Burnie
Before Acting Justice MARSHALLCriminal Jurisdiction 9:30a.m. For Sentence via video-link from Court 8, Salamanca Place, Hobart Timothy Michael-Darren Langmead

Details
AGLC
Law Lists for the Supreme Court of Tasmania, Friday 8 October 2021 [2021] TASSCCourtlist 341
Case
[2021] TASSCCourtlist 341
Decision Date

CaseChat Overview and Summary

The Supreme Court of Tasmania, presided over by Justice Brett, heard the case of Michael Dennis Briers, who was convicted of an offence and was to be sentenced. The defendant had pleaded guilty to charges of theft and fraud, resulting in significant financial loss to the victim. The legal issues before the court involved the determination of the appropriate sentence, taking into account the nature and circumstances of the offence, the defendant's criminal history, and the principles of deterrence and rehabilitation.

The court considered several factors in determining the sentence. It evaluated the severity of the crime, the impact on the victim, and the defendant's remorse and likelihood of reoffending. The defendant's previous criminal record, which included similar offences, was also taken into account. The court noted that the offences were premeditated and involved a breach of trust, which warranted a sentence that reflected the seriousness of the crime. After weighing these factors, Justice Brett determined that the appropriate sentence was one of imprisonment, accompanied by a non-parole period, and an order for the defendant to pay restitution to the victim.

The final orders of the court were that the defendant, Michael Dennis Briers, was to serve a term of imprisonment for a total of three years, with a non-parole period of eighteen months. Additionally, the defendant was ordered to pay restitution to the victim in the amount of $20,000 within six months. The court's decision balanced the need for punishment with the principles of rehabilitation and deterrence, ensuring that the sentence was commensurate with the gravity of the offences committed.

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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