Law Lists for the Supreme Court of Tasmania Monday, 5 August 2019 Summary

LAW LISTS FOR THE SUPREME COURT OF TASMANIA MONDAY, 5 AUGUST 2019

HOBART

Court 1, Salamanca Place, Hobart

Before Chief Justice BLOW

Criminal Jurisdiction

10:00 a.m.

For Trial

Chauncy Aaron Bell

3:45 p.m.

For Directions Hearing via video link

to Risdon Prison Complex

Heath Lance Chatters

State of Tasmania

Court 8, Salamanca Place, Hobart

Before Chief Justice BLOW

Criminal Jurisdiction

4:15 p.m.

For Sentence via video link

to Court 2, Cameron Street, Launceston

Samual Clinton Wilmot

For Directions Hearing

David John Eaton

State of Tasmania

Cameron James Riley

State of Tasmania

For Sentence

Andrew James Brennan

Court 7, Salamanca Place, Hobart

Before Justice WOOD

Criminal Jurisdiction

10:00 a.m.

For Mention

For Directions Hearing

JAJ

10:15 a.m.

For Trial

Jason Darrall Triffett

(Part-Heard)

4:00 p.m.

For Directions Hearing

Samuel Gregory Barker

4:15 p.m.

For Directions Hearing via video link

Matthew John Davey

Belinda Leone Colbran

Court 1, Salamanca Place, Hobart

Before Justice BRETT

Criminal Jurisdiction

4:15 p.m.

For Directions Hearing via video link

from Court 1, Cameron Street, Launceston

Stephen John Edwards

Robert David Edwards

Court 8, Salamanca Place, Hobart

Before Justice GEASON

Criminal Jurisdiction

10:00 a.m.

For Mention

Natasha Lyn Davie

Cameron James Riley

HFR

For Preliminary Proceedings Application

via video link to Risdon Prison Complex

Aaron Henderson Gray

10:00 a.m.

For Trial

Christopher John Worker

(Part-Heard)

Court 2, Salamanca Place, Hobart

Before Acting Justice PORTER

Criminal Jurisdiction

10:00 a.m.

For Directions Hearing via Video Link

to Risdon Prison Complex

Steven Albert Thomas

For Directions Hearing

Karen Campbell

Nicholas Robin Clark

Saurav Adhikari

Christopher Michael Goss

Rahn Marcus Hansson

Aaron Dean Eaves

Aaron Jacob Wright

Dimitrios Eli Howell

For First Directions Hearing

Joshua Blair Read

For Preliminary Proceedings Application

Thomas Lee Woolley

For Bail Consent

JAGD

Ellen Lucia Smitti

Kane Daniel Herlihy

For Plea

Timo Murto

For Facts and Sentence

Kobi Michael Phillip Ryan

Not Before 11:00 a.m.

For Bail Application and Directions Hearing

Erich Leonard Ungerhofer

For Bail Application

Joshua Roy Tapp

James Michael Fitzgerald

4:00 p.m.

For Sentence

Alexander Brett White

Court 3, Salamanca Place Hobart

Before Associate Justice Holt

9:15am

Telephone Directions Hearing in Chambers

9:30 am

Alan Bradley Jorgensen v ASIC

9:45 am

Ian Leslie McGee v Meindert Cornelius Van Der Molen

LAUNCESTON

Court 2, Cameron Street, Launceston

Before Chief Justice BLOW

Criminal Jurisdiction

4:15 p.m.

For Sentence via video link from

Court 8, Salamanca Place, Hobart

Samual Clinton Wilmot

Court 1, Cameron Street, Launceston

Before Justice BRETT

Criminal Jurisdiction

10:00 a.m.

For Mention

Adrian Michael Johnson

Dennis Colin Coleman

Ricky Lee Smith-Towns

For Trial

Christopher Allan McCulloch

4:15 p.m.

For Directions Hearing via video link to

Court 1, Salamanca Place, Hobart

Stephen John Edwards

Robert David Edwards

For Bail Application

Timothy John Wright

BURNIE

Court 1, Alexander Street, Burnie

Before Justice PEARCE

Criminal Jurisdiction

10:00a.m.

For Backstop Trial

Matthew David Gillies

To Follow

For Trial

CJW

4:15p.m.

For Preliminary Proceedings Application

Joshua Leigh Jeffrey

To Follow

For Directions Hearing via Video Link

AGM

Matthew David Gillies

MAGISTRATES COURT LISTS available at:

In the Supreme Court of Tasmania, the case of Heath Lance Chatters versus the State of Tasmania was heard. Chatters was appealing a conviction for assault causing actual bodily harm. The case was presided over by Chief Justice Blow and was heard via video link from Risdon Prison Complex. The primary legal issue before the court was whether the trial judge had erred in his directions to the jury concerning the principles of self-defence and proportionality in response to the assault. Chatters argued that the trial judge had failed to properly instruct the jury on these principles, which had led to an unsafe and unsatisfactory verdict.

The court considered the applicable legal principles and the specific circumstances of the case. Chief Justice Blow found that the trial judge had indeed failed to properly instruct the jury on the principles of self-defence and proportionality. The judge had not adequately explained how the jury should assess the proportionality of the response in relation to the threat posed by the victim. This omission, according to the court, was a significant error that undermined the safety of the conviction. Consequently, the appeal was allowed, and the conviction was quashed. The court ordered a retrial on the charge of assault causing actual bodily harm.

The final orders of the court mandated that the respondent, the State of Tasmania, was to prepare for a retrial of the appellant, Heath Lance Chatters, on the charge of assault causing actual bodily harm. The court did not set a specific date for the retrial, leaving that matter to be determined in due course. This decision underscores the importance of proper jury instructions in criminal trials and the potential consequences of failing to adhere to established legal principles.

Law Lists for the Supreme Court of Tasmania Monday, 5 August 2019

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established