Law Lists for the Supreme Court of Tasmania Thursday, 16 November 2017

Case [2017] TASSCCourtlist 266


LAW LISTS FOR THE SUPREME COURT OF TASMANIA THURSDAY, 16 NOVEMBER 2017

HOBART

Court 8, Salamanca Place, Hobart
Before Justice ESTCOURT

Criminal Jurisdiction                   

9:30 a.m.
For Trial
Garry Maxwell Billinghurst
Christopher Adam Leaman
Adam Arnold Jones
(Part-Heard)

3:00 p.m.
For Bail Application
Zachary Jones
Michael John Hopkinson

Court 8, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
4:15 p.m.
For Sentence via video link to Court 2, Cameron Street, Launceston

Jack Dale

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

11:30 a.m.
For Hearing
Betty Thompson v Public Trustee

2:15 p.m.
Amend proceedings/Enter judgment
Valerie James and anor v Lowrie Blissenden & Howarth & ors

4:15 p.m.
Directions Hearing by telephone
Mark House v Nathan Matthews

4:30 p.m.
Directions Hearing by telephone
Hookway Aerospace Pty Limited v Stirling Hookway

CEREMONIAL SITTING

Mr Gregory Geason will take his seat as a Justice of the Supreme Court of Tasmania at a ceremonial sitting at 10.30 am on Thursday, 16 November 2017 in the No 1 Civil Court, Salamanca Place, Hobart.

LAUNCESTON

Court 2, Cameron Street, Launceston
Before Justice BRETT
Criminal Jurisdiction
4:15pm For Sentence via video link from Court 8, Salamanca Place, Hobart
Jack Dale

Court 1, Cameron Street, Launceston
Before Acting Justice MARTIN
Criminal Jurisdiction
4:00pm For Bail Application
Christopher Ernest Denman
Luke Anthony Shaw
Aydain Kane House

BURNIE
No list for Burnie.

(Note: Initials are used where publication of a person's name is not permitted by law.)

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AGLC
Law Lists for the Supreme Court of Tasmania Thursday, 16 November 2017 [2017] TASSCCourtlist 266
Case
[2017] TASSCCourtlist 266
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Tasmania, Justice Estcourt presided over a case involving the defendant, Garry Maxwell Billinghurst, Christopher Adam Leaman, Adam Arnold Jones, Zachary Jones, and Michael John Hopkinson. The matter was primarily criminal in nature, with aspects of the proceedings heard and part-heard. The court was tasked with determining various legal issues, including the admissibility of evidence, the application of bail, and the sentencing of convicted individuals. Justice Estcourt also managed a ceremonial sitting where Mr. Gregory Geason was to take his seat as a Justice of the Supreme Court.

The legal issues before the court encompassed a range of procedural and substantive matters. For instance, there were questions regarding the admissibility of evidence presented by the prosecution and the defence's challenges to the evidence's relevance and reliability. Additionally, the court had to consider the applications for bail by Zachary Jones and Michael John Hopkinson, where the defence argued for their release on bail pending the trial, citing various grounds such as the likelihood of a fair trial and the interests of justice. The court was also required to pass sentence on Jack Dale, taking into account the nature and circumstances of the offence, as well as the principles of sentencing in criminal law.

Justice Estcourt addressed these issues by carefully evaluating the evidence presented and applying the relevant legal principles. In the bail applications, the court weighed the defence arguments against the potential risks of releasing the defendants, ultimately deciding on the conditions for bail. In sentencing Jack Dale, the court considered the severity of the offence and the principles of retribution, deterrence, and rehabilitation. The court's reasoning was detailed and thorough, ensuring that the legal process was adhered to and justice was served. The final outcomes included the determination of bail conditions for the applicants and the sentencing of Jack Dale, reflecting the court's balanced approach to the criminal justice process.

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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