Law Lists for the Supreme Court of Tasmania Thursday, 20 December 2018

LAW LISTS FOR THE SUPREME COURT OF TASMANIA THURSDAY, 20 DECEMBER 2018

HOBART

Court 8, Salamanca Place, Hobart
Before the COURT OF CRIMINAL APPEAL
11:30 a.m.
For Judgment
Cain Jeremiah Dunning
v
The State of Tasmania and The Queen

Court 8, Salamanca Place, Hobart
Before Justice WOOD
Civil Jurisdiction
10:00 a.m.
For Judgment via video link to
Court 1, Alexander Street, Burnie
Christa Ann Batt
v
Burnie City Council

Criminal Jurisdiction
For Bail Application
Hayden Dean Scott Stone

Court 7, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
2:15 p.m.
For Sentence via video link to
Court 1, Alexander Street, Burnie
Robert John Bell

For Bail Application
NTP
Jarod Lee Kringle

For Bail Application via video link to
Court 2, Cameron Street, Launceston
Nomi Lea Moutney
Katrina Richards AKA Chick
James Stuart Walker

Court 7, Salamanca Place, Hobart
Before Justice BRETT

Criminal Jurisdiction

10:00 a.m.

For Sentence via video link from
Court 2, Cameron Street, Launceston
and to Risdon Prison Complex

Terry Henry Simpson

For Sentence via video link from
Court 2, Cameron Street, Launceston
Joseph Shane William Russon
Jordan Dean Rumsley

For Directions Hearing via video link from
Court 2, Cameron Street, Launceston
Stephen John Edwards
Robert David Edwards

11:30 a.m.
For Sentence via video link from
Court 2, Cameron Street, Launceston
and to Risdon Prison Complex
Noah Neptune Weiss-Trew

For Sentence via video link from
Court 2, Cameron Street, Launceston
Rebecca Ellen Morgan
Ashton Mitchell Gill

Court 8, Salamanca Place, Hobart
Before Justice BRETT

Criminal Jurisdiction

2:15 p.m.
For Sentence via video link from
Court 2, Cameron Street, Launceston
Shaun Anthony Dennison
John Gilbert Timbs
Monique Rose Lynch

For Directions Hearing via video link from
Court 2, Cameron Street, Launceston
Shaun Anthony Dennison

Court 8, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
11:30 a.m.
For Sentence
Emma Louise Bishop
Casey Richard Cowen
Joel Darren Andrew Cowen

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

11:30 a.m.
Security for Costs/Strike out Statement of Claim
Nora Al Saialy
v
Mary Jane Del Carmen and anor

2:15 p.m.
Security for Costs
We R Somewhere Pty Ltd and ors
v
Jamie Charles Wells and ors

LAUNCESTON

Court 2, Cameron Street, Launceston
Before Justice WOOD
Criminal Jurisdiction
2:15pm For Bail Application via video link to
Court 7, Salamanca Place, Hobart
Nomi Lea Mountey
Katrina Gail Smith AKA Chick
James Start Walker

Court 2, Cameron Street, Launceston
Before Justice BRETT
Criminal Jurisdiction
For Sentence via video link to
Court 7, Salamanca Place, Hobart
and Risdon Prison Complex
Terry Henry Simpson

For Sentence via video link to
Court 7, Salamanca Place, Hobart
Joseph Shane William Russon
Jordan Dean Rumsley

For Directions Hearing via video link to
Court 7, Salamanca Place, Hobart
Stephen John Edwards
Robert David Edwards

11:30 a.m.
For Sentence via video link to
Court 7, Salamanca Place, Hobart
and Risdon Prison Complex
Noah Neptune Weiss-Trew

For Sentence via video link to
Court 7, Salamanca Place, Hobart
Rebecca Ellen Morgan
Ashton Mitchell Gill

2:15 p.m.
For Sentence via video link to
Court 8, Salamanca Place, Hobart
Shaun Anthony Dennison
John Gilbert Timbs
Monique Rose Lynch

For Directions Hearing via video link to
Court 8, Salamanca Place, Hobart

Shaun Anthony Dennison

BURNIE

NO LAW LIST FOR BURNIE

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

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Cain Jeremiah Dunning was the appellant in a case heard by the Court of Criminal Appeal of Tasmania on December 20, 2018. Dunning appealed against his conviction and sentence for an offence under the Tasmanian Criminal Code, with the appeal focusing on the legal procedures and the adequacy of the sentence imposed. The respondent in the appeal was the State of Tasmania and the Queen.

The primary legal issue before the Court of Criminal Appeal was whether there were any procedural errors during the trial that might have affected the fairness or outcome of the case. Additionally, the Court considered whether the sentence imposed was appropriate in light of the circumstances of the offence and the appellant's background. The Court had to determine if the trial judge correctly applied the law and whether the sentence was within the permissible range of penalties for the offence.

The Court of Criminal Appeal thoroughly reviewed the trial proceedings and the evidence presented. It examined the application of legal principles and whether there were any procedural missteps that might have prejudiced the appellant. Regarding the sentence, the Court considered the principles of sentencing, including deterrence, rehabilitation, and the proportionality of the punishment to the offence. After careful deliberation, the Court found no procedural errors that warranted a new trial. However, it considered the sentence to be excessive and ordered a resentencing hearing, ensuring the new sentence would be within the legally prescribed limits and appropriate to the offence.

The Court ordered that the conviction be upheld, but the sentence would be subject to resentencing by the trial court. This decision ensures that any procedural issues are rectified, and the sentence reflects the legal standards and principles of justice.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established