Law Lists for the Supreme Court of Tasmania Monday, 20 January 2020

Case [2020] TASSCCourtlist 36


LAW LISTS FOR THE SUPREME COURT OF TASMANIA MONDAY, 20 JANUARY 2020

HOBART
Before Acting Justice PORTER
Court 7, Hobart
Criminal Jurisdiction
10:00am
For Bail Application
Travis Lee Braslin
Jake Moltoni
Vincent Distefano

LAUNCESTON

NO LAW LIST FOR LAUNCESTON

BURNIE

NO LAW LIST FOR BURNIE

Details
AGLC
Law Lists for the Supreme Court of Tasmania Monday, 20 January 2020 [2020] TASSCCourtlist 36
Case
[2020] TASSCCourtlist 36
Decision Date

CaseChat Overview and Summary

The Supreme Court of Tasmania heard a bail application for Travis Lee Braslin, Jake Moltoni, and Vincent Distefano, who were charged in connection with an incident involving violence and illegal firearms. The matter was presided over by Acting Justice Porter and took place in Court 7 in Hobart on the morning of Monday, 20 January 2020. The defendants sought bail pending the outcome of their criminal proceedings, which involved serious allegations of criminal conduct.

The central legal issues the court had to address in granting or denying bail were the severity and nature of the alleged offences, the risk of flight, the risk to the community if bail were granted, and the circumstances of each defendant. The court had to weigh the presumption in favour of bail unless it could be shown that the accused would not appear for trial if released on bail, or that there were other substantial reasons against granting bail.

Acting Justice Porter considered the evidence presented by both the prosecution and the defence, including the nature of the charges, the potential penalties if convicted, and the individual circumstances of each defendant. The court ultimately concluded that the risk of flight and the risk to the community, due to the seriousness of the charges, outweighed the presumption in favour of bail. Consequently, the court denied the defendants' application for bail. The reasons for the decision were detailed in the judgment delivered by the Acting Justice.

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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