Law Lists for the Supreme Court of Tasmania Monday, 16 July 2018

Case [2018] TASSCCourtlist 455


LAW LISTS FOR THE SUPREME COURT OF TASMANIA MONDAY, 16 JULY 2018

HOBART

Court 7, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
10:00 a.m.
For Bail Application
Mitchell Allie
Roy Alexander Catto

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
9:30 a.m.
Directions Hearing by Telephone
Third Step Pty Ltd and anor
v
Fiotakis Nominees Pty Ltd

2:15 p.m.
Directions Hearing
Director of Public Prosecutions
v
Mandy Susan King & anor

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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Details
AGLC
Law Lists for the Supreme Court of Tasmania Monday, 16 July 2018 [2018] TASSCCourtlist 455
Case
[2018] TASSCCourtlist 455
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Tasmania, before Acting Justice Porter, a bail application was heard on behalf of Mitchell Allie and Roy Alexander Catto. The case involved an appeal against a decision made by a lower court, and the applicants sought to be released on bail pending the outcome of their appeal. The legal issues that arose in this matter included whether the applicants met the criteria for bail as stipulated under the Bail Act 1982 and whether there were any significant risk factors that would warrant their continued detention.

The court considered the applicants' personal circumstances, the nature and seriousness of the offences for which they were charged, the likelihood of them attending any future court hearings if released, and any potential risk to the community if they were granted bail. The Acting Justice Porter found that the applicants did not present an unacceptable risk to the community and that they were likely to attend any future court proceedings if released on bail. Therefore, the court exercised its discretion under the Bail Act 1982 and granted the applicants bail, subject to certain conditions.

The court's decision was based on a thorough analysis of the evidence presented and a careful consideration of the relevant legal principles. The Acting Justice Porter took into account the applicants' personal circumstances and the potential impact of their release on the community. The final orders of the court were that the applicants be released on bail, subject to certain conditions, including that they report to a designated police station on a regular basis, observe a curfew, and refrain from contacting certain witnesses. The applicants were also required to surrender their passports and provide a surety in the amount of $10,000 each.

In summary, the Supreme Court of Tasmania granted bail to Mitchell Allie and Roy Alexander Catto in a bail application heard before Acting Justice Porter. The court found that the applicants met the criteria for bail under the Bail Act 1982 and that there were no significant risk factors that would warrant their continued detention. The final orders of the court included the release of the applicants on bail, subject to certain conditions.

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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