Law Lists For The Supreme Court Of Tasmania Thursday, 14 October 2021HOBARTCourt 2, Salamanca Place, Hobart Before Chief Justice Blow Criminal Jurisdiction 4:15p.m. For SentenceMichael Dennis Briers Court 2,

Case [2021] TASSCCourtlist 348


LAW LISTS FOR THE SUPREME COURT OF TASMANIA THURSDAY, 14 OCTOBER 2021

HOBART

Court 2, Salamanca Place, Hobart Before Chief Justice BLOW
Criminal Jurisdiction
4:15p.m.
For Sentence
Michael Dennis Briers

Court 2, Salamanca Place, Hobart
Before the Court of Criminal Appeal
4:15p.m.

For Decision
Director of Public Prosecutions
v
Cheryl Ann Kendall

Court 7, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
10.00 a.m.
For Mention
Oscar Jyles Dyett

For Trial
MJD

4.15 p.m.
For Sentence
Emily Ruth Brown

Court 8, Salamanca Place, Hobart
Before Justice GEASON
Criminal Jurisdiction
4:00p.m.
For Directions Hearing
via video-link from Court 1, Alexander Street, Burnie
Clinton Anthony Williams

Court 8, Salamanca Place, Hobart
Before Acting Justice MARSHALL
Criminal Jurisdiction
9:30a.m.
For Application to Vary Bail
Jenna Maree Black

10:00a.m.
For Trial
Joshua Astell and Adrian Flounders

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
9:15a.m. via MS Teams
For Mention
Philip Anthony Redmond v Director of Housing

For Directions Hearing
Liza Maree Terry and anor v Shannon Dean Blake as Executor of the Estate of the Late Stephen Michael Terry

For Directions Hearing
Helen Margaret Turner and anor v James Douglas Booth Cashion

2:15p.m.
For Hearing
Brocklands Pty Ltd v Tasmanian Networks Pty Lt

LAUNCESTON

Court 1, Cameron Street, Launceston

Before Justice PEARCE
Criminal Jurisdiction
10:00am
For Trial
Natalie Maher
(Part heard)

4:00pm
For Mention
DJ

4:15pm
For Sentencing Submissions
LVG
WLD

BURNIE

Court 1, Alexander Street, Burnie
Before Justice GEASON
Criminal Jurisdiction
10:00a.m.
For Directions Hearing
Ryley Paul Lehman

4:00p.m.
For Directions Hearing
Jye Sutton

For Sentence via video-link to Court 8, Salamanca Place, Hobart
Clinton Anthony Williams

For Plea
Michael Andrew Smith

Details
Case
[2021] TASSCCourtlist 348
Decision Date

CaseChat Overview and Summary

The matter before the Supreme Court of Tasmania was an appeal against conviction and sentence by Cheryl Ann Kendall. The Court of Criminal Appeal was tasked with reviewing the lower court's decision and determining whether any errors were made that would warrant a change in the conviction or sentence. The Director of Public Prosecutions represented the state, while Kendall was represented by counsel. The central legal issues in this case revolved around the validity of the original trial's findings and the appropriateness of the sentence imposed on Kendall. The Court of Criminal Appeal had to examine the evidence, the application of the law, and the procedures followed during the trial to ensure that the outcome was just and fair.

In its judgment, the Court of Criminal Appeal meticulously reviewed the proceedings of the original trial, focusing on whether the evidence was properly adduced and whether the jury was correctly directed on the applicable legal principles. The Court found that there were no significant errors in the trial process that would necessitate a new trial. The Court also considered the sentence imposed, assessing its proportionality and whether it was within the appropriate range for the offence committed. After thorough deliberation, the Court concluded that the conviction and sentence were correct, and therefore, the appeal was dismissed. The Court's decision affirmed the lower court's judgment and maintained the original conviction and sentence for Cheryl Ann Kendall.

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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