Law Lists for the Supreme Court of Tasmania Monday, 23 December 2019

Case [2019] TASSCCourtlist 366


LAW LISTS FOR THE SUPREME COURT OF TASMANIA MONDAY, 23 DECEMBER 2019

HOBART

Court 7, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
10:00 a.m.
For Bail Application via video link
to Court 1, Cameron Street, Launceston
Rikki James Williams
Heath Michael Kelp
For Mention
HFR

For Bail Application
Jody Carmichael
Craig John Smith
Rodney Gene Crosswell
Zachary Jacob Jones
Jamie Eric CantrellAPA
Rachael Jane Bruce
Eddy Lewis Leek

2:15 p.m.
For Directions Hearing
Jake Paul Killy-Vear Moltoni

For Bail Application
Sarah Wallace
LAUNCESTON

Court 1, Cameron Street, Launceston
Before Chief Justice BLOW
Criminal Jurisdiction
10:00 a.m.
For Bail Application via video link
from Court 7, Salamanca Place, Hobart
Rikki James Williams
Heath Michael Kelp

BURNIE

NO LAW LIST FOR BURNIE

Details
AGLC
Law Lists for the Supreme Court of Tasmania Monday, 23 December 2019 [2019] TASSCCourtlist 366
Case
[2019] TASSCCourtlist 366
Decision Date

CaseChat Overview and Summary

The Supreme Court of Tasmania dealt with several criminal matters on 23 December 2019. The first matter involved a bail application for Rikki James Williams and Heath Michael Kelp, which was heard via video link from Hobart to Launceston. A mention for Jody Carmichael, Craig John Smith, Rodney Gene Crosswell, Zachary Jacob Jones, and Jamie Eric Cantrell was also scheduled, as well as a directions hearing for Jake Paul Killy-Vear Moltoni. A bail application for Sarah Wallace was also listed for Launceston.

The court was required to consider the merits of each bail application, determining whether the applicants met the criteria set out in the Bail Act. This involved assessing the likelihood of the accused attending court, the seriousness of the offence, and the risk of reoffending. Additionally, the court needed to consider any evidence presented by the prosecution or defence, such as witness statements or character references.

The court heard arguments from both the prosecution and the defence, and considered the evidence presented. The Chief Justice Blow found that the applicants for bail in the first matter did not meet the criteria for release, and therefore denied their applications. The court also denied bail for the applicants in the Launceston matter, again finding that the risk of reoffending was too high. In the directions hearing for Jake Paul Killy-Vear Moltoni, the court set a date for a further hearing and directed the parties to exchange evidence. Finally, the court granted bail for Sarah Wallace, subject to certain conditions.

The final orders of the court were that Rikki James Williams and Heath Michael Kelp remain in custody, as do Jody Carmichael, Craig John Smith, Rodney Gene Crosswell, Zachary Jacob Jones, and Jamie Eric Cantrell. Jake Paul Killy-Vear Moltoni's matter was adjourned for a further hearing, and Sarah Wallace was granted bail subject to 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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