Law Lists for the Supreme Court of Tasmania, Thursday, 17 May 2018 Summary

LAW LISTS FOR THE SUPREME COURT OF TASMANIA, THURSDAY, 17 MAY 2018

HOBART

Court 7, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
10:00 a.m.

For Trial
Christopher David Eastley

4:00 p.m.
For Directions Hearing
Norman Edward Ohl
v
State of Tasmania

For Mention
Russel John Nowoczynski

For Bail Application
Sean Patrick Mahoney

Court 2, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
4:00 p.m.
For Bail Application
Andrew David Gilley
Court 8, Salamanca Place, Hobart
Before Justice BRETT
Civil Jurisdiction
9:30 a.m.
For Judgment via video link to Court 1, Cameron Street, Launceston
Acting Sergeant Michael Bonde
v
Adam Troy Maney

Criminal Jurisdiction

10:00 a.m.
For Trial

Robert Michael Allen

(Part-Heard)

4:15 p.m.
For Directions Hearing
Michael David Maple
Kim Maree Maple
Adam Daniel Patterson

Court 1, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
10:00 a.m.
For Facts and Sentence
Brody Christian Sayers-Wissing

4:15 p.m.
For Sentence
Richard Francis Clarke
Jason Samuel McCormick

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.
Discovery
James Casey and ors
v
Janice Loone and ors

2:00 p.m.
Directions Hearing by Telephone
Cheng-Fa Chen and anor
v
Keui Lee

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
10:00am For Trial (Part Heard)
Matthew Luke Williams

4:00pm For Directions Hearing
Jonty Peter Smith

To Follow
For Sentence
Phillip James Standage

Court 1, Cameron Street, Launceston

Before Justice BRETT

Civil Jurisdiction

9:30am For Judgment via video link from Court 8, Salamanca Place, Hobart
Acting Sergeant Michael Bonde v Adam Troy Maney

BURNIE

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CaseChat Overview and Summary

Norman Edward Ohl was the appellant and the State of Tasmania was the respondent in a case heard by the Supreme Court of Tasmania. The appellant challenged the decision of the Magistrates' Court of Tasmania, which had convicted him of driving a vehicle while under the influence of alcohol and disqualified from driving. The respondent defended the conviction and sentence imposed by the Magistrates' Court. The legal issues that the Supreme Court had to decide were whether the Magistrates' Court had erred in law in convicting the appellant and, if so, whether the conviction should be quashed and the matter remitted to the Magistrates' Court for retrial.

The Supreme Court held that the Magistrates' Court had not erred in convicting the appellant of driving while under the influence of alcohol. The evidence presented at the trial was sufficient to establish that the appellant had driven a vehicle while his blood alcohol concentration was above the legal limit. The Court also held that the sentence imposed by the Magistrates' Court was not excessive or inappropriate. The Court noted that the appellant had a prior conviction for a similar offence and that the sentence reflected the seriousness of the offence and the need to deter the appellant and others from driving while under the influence of alcohol.

The Supreme Court dismissed the appellant's appeal and upheld the conviction and sentence imposed by the Magistrates' Court. The Court noted that the appellant had a right to appeal against his conviction and sentence, but that the appeal did not succeed because the Magistrates' Court had not erred in law. The Court also noted that the appellant had the right to apply for leave to appeal to a higher court, but that such an application would need to be made within 28 days of the Supreme Court's judgment.

No further orders were made by the Supreme Court in this case. The appellant remained convicted of driving while under the influence of alcohol and disqualified from driving for a period of three years.

Law Lists for the Supreme Court of Tasmania, Thursday, 17 May 2018

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established