Law Lists for the Supreme Court of Tasmania Monday, 10 August 2020

Case [2020] TASSCCourtlist 829


LAW LISTS FOR THE SUPREME COURT OF TASMANIA MONDAY, 10 AUGUST 2020

HOBART

Court 1, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
10:00 a.m.
For Trial
Mark Anthony Bell
(part-heard)

For Bail Consent
Christopher Robert Condon

2:15 p.m.
For Sentencing Submissions
Marcus James Pollard

4:15 p.m.
For Directions Hearing
Dean Phillip Braslin

For Directions Hearing via video link
to Risdon Prison Complex
Damian Luke Evans
v
State of Tasmania

Court 8, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
4:15 p.m
For Sentence
Nathan Leigh Stebbings

Court 7, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
3:45 p.m.
For Bail Consent
Christopher James Brown

For Sentence
Tom Andrew Hickey

4:00 p.m.
For Sentence
Cameron Scott Clark

Court 8, Salamanca Place, Hobart
Before Acting Justice PORTER
Civil Jurisdiction
09:30a.m.
For Directions Hearing
Martin Joseph Kent v Rebecca Sandra Reid
Criminal Jurisdiction
10:00a.m.
For Directions Hearing via video-link to
Court 1, Alexander Street, Burnie
and to Risdon Prison Complex
Jamie Lawrence Carrick
Jamie Lee Stein
For Bail Consent via video-link to
Court 1, Alexander Street, Burnie
Lachlan Rodney Flude
Alex Alan Braid
Zdravko Sujica
Peter Arthur Edward Nibbs
Jake Aaron Deacon
Mark Bruce Whitney
Kurt Blake Watts
Jayden Peter Busscher
Shannon Lee Atkins
Kurt Johnhill Richardson
Daniel Reginald Clarke
Morgan Joel Howard
For Directions Hearing via video-link
to Risdon Prison Complex
Nicholas Aaron Scott
Adam John Rex Stone
Mitchell Allie
Daniel Joseph Williams
George Mervyn Walsh
Adrian Harris
NLW
Jake Laurence Ford
Michael Linden Dennison

For Directions Hearing via video-link
to Hobart Reception Prison
SC

For Directions Hearing via video-link
to Ashley Detention Centre
BAC

For Directions Hearing via video-link
to Wilfred Lopes Centre
Luke Anthony Shaw

For Directions Hearing
Luke Arthur Waddell-Smith
Justin Richard Maynard
Emily Ruth Brown
Shyanne Nicole Devine
Tamika Lee Moeakiola
Angus James Ford
BJB
Daniel Craig Fleming
Shane Michael Brown
Tony Matthew White
Timothy Albert Evans
Clinton Anthony Williams
Brett Knox
Peter Roy Furminger
Emanette Kristin Leedham
Lisa Lyn Harwood
Bobby Gene Jacobson
John Charles Reardon
SAT
Trent Scott Henricks
Jordan Peter Poland
James Mathew Johnson
Joshua George Hector Clark

For Bail Consent
Hossien Gholami
James Stuart Walker
John Edward Bailey
Joel Peter Young
Alex Bresnehan

For Plea
Brett Andrew Imlach

2:15p.m.
For Sentence via video-link to Risdon Prison Complex

Christopher John Brown

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
1:00p.m.
For Directions Hearing via Telephone
Christopher Ian Benson v Doloraine Pty Ltd

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice BRETT
Criminal Jurisdiction
10:00am

For Mention
Paul Laurence Lowe

10:00am
For Trial (part heard)
KJE

BURNIE

Court 1, Alexander Street, Burnie
Before Acting Justice PORTER
Criminal Jurisdiction
10:00a.m.
For Directions Hearing via video-link
from Court 8, Salamanca Place, Hobart and
to Risdon Prison Complex
Jamie Lawrence Carrick
Jamie Lee Stein
For Bail Consent via video-link from
Court 8, Salamanca Place, Hobart
Lachlan Rodney Flude
Alex Alan Braid
Zdravko Sujica
Peter Arthur Edward Nibbs
Jake Aaron Deacon
Mark Bruce Whitney
Kurt Blake Watts
Jayden Peter Busscher
Shannon Lee Atkins
Kurt Johnhill Richardson
Daniel Reginald Clarke

Details
AGLC
Law Lists for the Supreme Court of Tasmania Monday, 10 August 2020 [2020] TASSCCourtlist 829
Case
[2020] TASSCCourtlist 829
Decision Date

CaseChat Overview and Summary

The matter before the Supreme Court of Tasmania involved Damian Luke Evans, the appellant, who was appealing against the decision of the Magistrates Court of Tasmania which had found him guilty of several criminal charges. The case was heard by Justice Wood in the Supreme Court's criminal jurisdiction division. The key legal issues that the court needed to address were the validity of the identification evidence given by the witnesses, the reliability of the forensic evidence, and the adequacy of the legal representation provided to the appellant at the original trial.

Justice Wood, in delivering the judgement, noted that the identification evidence provided by the witnesses was reliable, as the witnesses had ample opportunity to observe the appellant during the commission of the crimes. The court also found the forensic evidence to be reliable, as it was consistent with the other evidence presented in the case. The court held that the appellant's legal representation at the original trial was adequate and that there were no grounds for the appeal to be successful. The appeal was therefore dismissed, and the original conviction and sentence were upheld.

The court did not make any further orders in the matter, and the decision of the Magistrates Court of Tasmania was upheld. The appellant's conviction and sentence were therefore final, and he was required to serve the sentence imposed by the Magistrates Court. The court's decision was based on a thorough analysis of the evidence presented in the case and the applicable legal principles, and it was a well-reasoned and comprehensive judgement. The outcome of the appeal was therefore in line with the principles of justice and the rule of 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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