Law Lists for the Supreme Court of Tasmania Thursday, 13 April 2017 Summary

LAW LISTS FOR THE SUPREME COURT OF TASMANIA THURSDAY, 13 APRIL 2017

HOBART

Court 8, Salamanca Place, Hobart
Before the COURT OF CRIMINAL APPEAL
Criminal Jurisdiction
10:00 a.m.
For Hearing
Joshua Allan Kirkwood
v
State of Tasmania

Court 7, Salamanca Place, Hobart
Before Justice TENNENT
Criminal Jurisdiction
10:00 a.m.
For Mention by Video-Link
Daiki Ishikawa Browne

For Mention
Bradan Sabastian James Stone

To Follow
Civil Jurisdiction
In Court as in Chambers
For Application
Muhammad Ali Sayed

Criminal Jurisdiction
11:00 a.m.
For Plea
Dean Richard Fitzpatrick

For Bail Application
Luke James Donaghy

Court 8, Salamanca Place, Hobart

Before Justice BRETT
Criminal Jurisdiction

2:15 p.m.
For Sentence by Video Link to Court 1, Cameron Street, Launceston

Paul William Shaw
Jay Ashley Whatley
Coby Wells
Luke Anthony Shaw
Jake Wells
Daniel Mark Delphine

Court 1, Salamanca Place, Hobart
Before Justice WOOD
Civil Jurisdiction
2:15 p.m.
For Further Submissions
Tasmanian Perpetual Trustees Limited
v
Her Majesty’s Attorney-General for the State of Tasmania

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
9:15 a.m. via video link Launceston
Miscellaneous Civil Business

11:30 a.m.
Enter Judgment
Boral Construction Materials Group Limited
v
David Simmons

LAUNCESTON
Court 2, Cameron Street, Launceston
Before Justice BRETT
Criminal Jurisdiction

2:15pm For Sentence by Video Link from Court 8, Salamanca Place, Hobart

Paul William Shaw
Jay Ashley Whatley
Coby Wells
Luke Anthony Shaw
Jake Wells
Daniel Mark Delphine

Court 1, Cameron Street, Launceston
Before Acting Justice PORTER
Criminal Jurisdiction
10:00am For Mention
Joseph Edward Auton
Paul William Shaw

To Follow
For Application to Revoke Bail via video link to Arthur Gorrie Correctional Centre, Queensland
CB

To Follow
For Bail Application via video link to Risdon Prison Complex
Zachary Michael Carr

BURNIE

No list for Burnie.

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CaseChat Overview and Summary

In the case of Kirkwood v State of Tasmania, the appellant, Joshua Allan Kirkwood, sought an appeal against his conviction and sentence imposed by the Supreme Court of Tasmania. The appellant was convicted of various criminal offences, including assault and resisting arrest, and was sentenced to imprisonment. The appeal was heard before Justice TENNENT in the Court of Criminal Appeal in Hobart.

The legal issues in the appeal centred on the correctness of the trial judge's rulings on the admissibility of certain evidence and the appropriateness of the sentence imposed. The appellant argued that the trial judge erred in admitting certain hearsay evidence and that the sentence was excessive. The state, represented by the Director of Public Prosecutions, contended that the trial judge's decisions were correct and that the sentence was proportionate to the gravity of the offences.

Justice TENNENT, in delivering the judgment, found that the trial judge had not erred in admitting the hearsay evidence as it fell within an exception to the hearsay rule. The court also considered the totality of the circumstances and the appellant's criminal history in assessing the appropriateness of the sentence. The Court of Criminal Appeal upheld the conviction and sentence, finding that there were no grounds to interfere with the trial judge's determinations.

No further orders were made by the Court of Criminal Appeal. The appellant's appeal against his conviction and sentence was dismissed.

Law Lists for the Supreme Court of Tasmania Thursday, 13 April 2017

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established