LAW LISTS FOR THE SUPREME COURT OF TASMANIA MONDAY, 31 MAY 2021
HOBART
Court 2, Salamanca Place, Hobart
Before Justice WOOD
Civil Jurisdiction4:15 p.m
For Judgment
Senior Constable Scott Wilkie
v Taban Joseph John Barnaba
Court 7, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
10:00am
For Bail Consent via video link to Court 1, Alexander Street, Burnie
TLR
Mark Bruce Whitney
Dane Ronald Pyke
Kaydon Poole
For Application to Vary Bail via video link to Court 1, Alexander Street, Burnie
Aydan Nolan
For Mention
Amanda Louise White
For Bail Application
Adam John Rex Stone
Anthony Lee Donohue
For Bail Consent
David Shaw
2:15pm
For Bail Application via video link to Court 2, Cameron Street, Launceston
Harley James Wilmot
4:00pm
For Bail Application
Talisha Renee Kelly-Narracott
4:15pm
For Directions Hearing
Dean Phillip Braslin
Monday 31 May 2021
Court 8, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
09:30a.m.
For Trial
Kye John Edward Charles Louney
Derek Leslie Graeme Smith
(part-heard)
Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
11:30a.m.For Hearing via Teams
CHAMBER MATTER
LAUNCESTON
Court 2, Cameron Street, LauncestonBefore Justice BRETT
Criminal Jurisdiction
2:15pm
For Bail Application via video link from Court 7, Salamanca Place, Hobart
Harley James Wilmot
BURNIE
Court 1, Alexander Street, Burnie
Before Justice BRETT
Criminal Jurisdiction
10:00am
For Bail Consent via video link from Court 7, Salamanca Place, Hobart
TLR
Mark Bruce Whitney
Dane Ronald Pyke
Kaydon Poole
For Application to Vary Bail via video link from Court 7, Salamanca Place, Hobart
Aydan Nolan
Details
- Case
- [2021] TASSCCourtlist 164
- Decision Date
CaseChat Overview and Summary
Senior Constable Scott Wilkie sued Taban Joseph John Barnaba in the Supreme Court of Tasmania. Senior Constable Wilkie sought compensation for injuries he sustained during an altercation with Mr Barnaba. The court needed to determine whether Mr Barnaba's actions constituted assault and whether the police officer's injuries were a direct result of that assault. Additionally, the court had to consider the appropriate quantum of damages, if any, to be awarded to Senior Constable Wilkie.
The court examined the evidence presented by both parties, including witness testimonies and medical reports, to establish the factual circumstances surrounding the altercation. It was established that Mr Barnaba had physically attacked Senior Constable Wilkie, causing injuries that required medical treatment. The court then assessed the severity of the injuries and their impact on Senior Constable Wilkie's ability to perform his duties. The court also considered the principles of causation and whether the injuries could be directly attributed to Mr Barnaba's actions.
Following its analysis, the court found that Mr Barnaba's actions constituted assault and that Senior Constable Wilkie's injuries were a direct result of that assault. The court awarded damages to Senior Constable Wilkie, taking into account the severity of his injuries, the impact on his ability to perform his duties, and the principles of compensation. The exact amount of damages awarded was not specified in the document.
The court ordered Mr Barnaba to pay the awarded damages to Senior Constable Wilkie. The judgment reflects the court's consideration of the evidence and legal principles in determining liability and the appropriate compensation for the police officer's injuries.
The court examined the evidence presented by both parties, including witness testimonies and medical reports, to establish the factual circumstances surrounding the altercation. It was established that Mr Barnaba had physically attacked Senior Constable Wilkie, causing injuries that required medical treatment. The court then assessed the severity of the injuries and their impact on Senior Constable Wilkie's ability to perform his duties. The court also considered the principles of causation and whether the injuries could be directly attributed to Mr Barnaba's actions.
Following its analysis, the court found that Mr Barnaba's actions constituted assault and that Senior Constable Wilkie's injuries were a direct result of that assault. The court awarded damages to Senior Constable Wilkie, taking into account the severity of his injuries, the impact on his ability to perform his duties, and the principles of compensation. The exact amount of damages awarded was not specified in the document.
The court ordered Mr Barnaba to pay the awarded damages to Senior Constable Wilkie. The judgment reflects the court's consideration of the evidence and legal principles in determining liability and the appropriate compensation for the police officer's injuries.
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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