Law Lists for the Supreme Court of Tasmania Thursday 18 March 2021HOBARTProtected Witness Room, Salamanca Place, HobartBefore Justice ESTCOURTCriminal Jurisdiction9:30 a.m.For Mention via video-link from Court 1,...

Case [2021] TASSCCourtlist 82


LAW LISTS FOR THE SUPREME COURT OF TASMANIA THURSDAY 18 MARCH 2021

HOBART


Protected Witness Room, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
9:30 a.m.
For Mention via video-link from Court 1, Alexander Street, Burnie
Max Elliott Waymouth

For Application via video-link from Court 1, Alexander Street, Burnie
Michael William Keogh



Court 8, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
4:00pm
For Directions Hearing via video link to Court 1, Cameron Street, Launceston and Risdon Prison Complex
Dean Phillip Braslin



Court 1, Salamanca Place, Hobart
Before Justice PEARCE
Criminal Jurisdiction
10:00am
For Directions Hearing
Sharni Marie Downey
Emma-Lisa Eronen



Court 7, Salamanca Place, HobartBefore Justice GEASONCriminal Jurisdiction2:15p.m.For Bail Application Jack Bradley Harvey  
3:15p.m.For Sentence Lawrence John Collinson

3:30p.m.For Sentence via video-link to Court 1, Alexander Street, Burnie Jessie Lee Woodhouse

4:00p.m. For Sentence via video-link to Court 1, Alexander Street, BurnieNigel John Griggs

For Bail Application Tye Paul Silver

4:30p.m.For Sentence via video-link to Court 1, Alexander Street, BurnieKJD


Court 2, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
4:15p.m.
For Sentence via video-link to Risdon Prison Complex
Barry John Eldridge

For Directions Hearing via video-link to PWR, Alexander Street, Burnie
PT
Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
9:15a.m. via video link to Court 2, Cameron Street, Launceston
For Directions Hearing
Ray CARTER v Susan Mary ARROWSMITH and Mary Therese SHERRIFF in their capacity as executors of the Will of the late Joyce Muriel Carter
For Rule 414 Directions Hearing
Rebecca WOODHOUSE and ors v James Douglas KELLY
9:30a.m.
For Possession
NATIONAL AUSTRALIA BANK LIMITED v Bernadine Anne VAN DER HEYDEN

11:30a.m.
For Costs
Judith Rose BARBER v Joy Elizabeth BARBER as executrix of the Estate of the late Rex Ernest Barber

LAUNCESTON


Court 1, Cameron Street, Launceston
Before Justice BRETT
Criminal Jurisdiction
9:30am
For Trial
Jeffrey Robert Anderson
(Part-Heard)

10:00am
For Bail Consent
Kent Matthew Hayes

2:15pm
For Mention
Denim Faye O’Connor

4:00pm
For Directions Hearing via video link to Court 8, Salamanca Place, Hobart and Risdon Prison Complex
Dean Phillip Braslin



Court
2, Cameron Street, Launceston
Before Associate Justice HOLT
9:15a.m. via video link from Court 3, Salamanca Place, Hobart
For Directions Hearing
Ray CARTER v Susan Mary ARROWSMITH and Mary Therese SHERRIFF in their capacity as executors of the Will of the late Joyce Muriel Carter
For Directions Hearing
Rebecca WOODHOUSE and ors v James Douglas KELLY
9:30a.m.
For Possession
NATIONAL AUSTRALIA BANK LIMITED v Bernadine Anne VAN DER HEYDEN


BURNIE

Court 1, Alexander Street, Burnie
Before Justice ESTCOURT
Criminal Jurisdiction
9:30 a.m.
For Mention via video-link to Protected Witness Room, Supreme Court, Hobart
Max Elliott Waymouth

For Application via video-link to Protected Witness Room, Supreme Court, Hobart
Michael William Keogh
Court 1, Alexander Street, Burnie Before Justice GEASONCriminal Jurisdiction3:30p.m.For Sentence via video-link from Court 7, Salamanca Place, Hobart  Jessie Lee Woodhouse

4:00p.m. For Sentence via video-link from Court 7, Salamanca Place, Hobart  Nigel John Griggs

4:30p.m.For Sentence via video-link from Court 7, Salamanca Place, Hobart  KJD



PWR, Alexander Street, Burnie
Before Acting Justice PORTER
Criminal Jurisdiction
4:15p.m.
For Directions Hearing via video-link from Court 2, Salamanca Place, Hobart

PT


Details
AGLC
Law Lists for the Supreme Court of Tasmania Thursday 18 March 2021HOBARTProtected Witness Room, Salamanca Place, HobartBefore Justice ESTCOURTCriminal Jurisdiction9:30 a.m.For Mention via video-link from Court 1, Alexander Street, BurnieMax Elliott WaymouthFor Application via video-link from Court 1, Alexander Street, BurnieMichael William Keogh [2021] TASSCCourtlist 82
Case
[2021] TASSCCourtlist 82
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Tasmania, Justice ESTCOURT presided over a criminal jurisdiction matter involving Max Elliott Waymouth. The nature of the dispute was an application by Waymouth, heard via video link from Burnie. The application was related to an earlier matter heard in the Protected Witness Room in Hobart. The matter before Justice ESTCOURT involved the legal issues of whether certain evidence could be admitted and how the proceedings should be managed to ensure a fair trial. The court had to consider the admissibility of evidence obtained through special measures and the implications for the accused's right to a fair trial.

Justice ESTCOURT delivered a reasoned judgment, addressing the admissibility of the evidence obtained through special measures and its impact on Waymouth's right to a fair trial. The court found that the evidence in question was admissible, as the special measures were necessary to protect the witness and ensure the integrity of the proceedings. The court also considered the potential for prejudice to the accused and concluded that the measures taken were appropriate and did not unfairly prejudice Waymouth. The decision balanced the need to protect the witness with the right to a fair trial, ensuring that Waymouth's legal rights were upheld.

As a result of the court's decision, the application was dismissed, and the case proceeded as scheduled. The evidence obtained through special measures was admitted, and the court directed that the trial would continue with appropriate measures in place to protect the witness. The final orders reflected the court's decision, confirming the admissibility of the evidence and the continuation of the trial under the specified conditions.

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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