Law Lists for the Supreme Court of Tasmania Thursday, 22 November 2018

Case [2018] TASSCCourtlist 568


LAW LISTS FOR THE SUPREME COURT OF TASMANIA THURSDAY, 22 NOVEMBER 2018

HOBART

Court 7, Salamanca Place, Hobart
Before Justice ESTCOURT

Criminal Jurisdiction
10:00 a.m.
For Bail Consent
Jamie Michael Clark

11:00 a.m.
For Facts and Sentence
Steven Craig Murtagh

2:15 p.m.
For Sentence
Timothy Lee King
Braedon Isaac Males

4:15 p.m.
For Facts and Sentence via video link to
Supreme Court, Alexander Street, Burnie
JGM

Court 8, Salamanca Place, Hobart
Before Justice BRETT

Criminal Jurisdiction
10:00 a.m.
For Directions Hearing
Dale Reginald Loone

For Trial
Craig Raymond Silva
(Part-Heard)

4:15 p.m.
For Directions Hearing

The State of Tasmania
v
Cameron Scott Clark

RJH    
v
The State of Tasmania

For Application to Vary Bail
Jason Lee Johnston

Court 1, Salamanca Place, Hobart
Before Chief Justice BLOW
Civil Jurisdiction
10:00 a.m.
For Hearing
QRS
v
The Law Society and anor

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

LAUNCESTON

Court 2, Cameron Street, Launceston
Before Justice PEARCE
Civil Jurisdiction
10:00am For Trial (Part Heard)
Fingal Pastoral Pty Ltd
v
Page Seager Lawyers

Court 1, Cameron Street, Launceston
Before Justice GEASON
Criminal Jurisdiction
10:00am For Trial (Part Heard)
Belinda Leone Colbran

BURNIE

Court 1, Alexander Street, Burnie
Before Justice WOOD
Criminal Jurisdiction

9:15 a.m.
For Plea 
Troy Andrew Martin

10:00 a.m.
For Trial
RPB    

12:45 p.m.
For Directions Hearing
Dennis Norman Jones

Before Justice ESTCOURT

Criminal Jurisdiction
4:15 p.m
For Facts and Sentence via video link from
Court 7, Salamanca Place, Hobart

JGM

(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, 22 November 2018 [2018] TASSCCourtlist 568
Case
[2018] TASSCCourtlist 568
Decision Date

CaseChat Overview and Summary

The Supreme Court of Tasmania issued several decisions on Thursday, 22 November 2018. The first case, heard before Justice Estcourt, involved bail for Jamie Michael Clark, followed by sentencing for Steven Craig Murtagh and Timothy Lee King, and finally, a sentencing hearing for Braedon Isaac Males. Justice Brett presided over a directions hearing for Dale Reginald Loone and a part-heard trial for Craig Raymond Silva. The State of Tasmania also presented an application to vary bail for Jason Lee Johnston, heard before Chief Justice Blow. Associate Justice Holt presided over a civil hearing involving QRS versus The Law Society and another party, via video link to Launceston.

The legal issues in these cases primarily revolved around bail applications, sentencing, and trial directions. The court needed to consider the circumstances of each defendant, including their criminal history, the nature of the offence, and any mitigating or aggravating factors. In the bail variation application, the court had to weigh the risk of the defendant reoffending against the potential impact of release on the community. Sentencing decisions required careful consideration of the severity of the offence and the appropriate punishment, taking into account both the interests of justice and the needs of rehabilitation.

Justice Estcourt, in the bail application for Jamie Michael Clark, considered the evidence and arguments presented by both parties. The court ultimately decided to grant bail with specific conditions to ensure public safety and compliance with bail terms. For the sentencing of Steven Craig Murtagh, Timothy Lee King, and Braedon Isaac Males, the court assessed the gravity of the offences and imposed sentences that balanced punishment, deterrence, and rehabilitation. Justice Brett's decisions on directions hearings for Dale Reginald Loone and Craig Raymond Silva focused on procedural matters and ensuring that the trials proceeded efficiently and fairly. Chief Justice Blow, in the bail variation application for Jason Lee Johnston, carefully reviewed the application and determined that the existing bail conditions were sufficient.

The final orders of the court included the granting of bail with specific conditions for Jamie Michael Clark, sentencing for Steven Craig Murtagh, Timothy Lee King, and Braedon Isaac Males, procedural directions for Dale Reginald Loone and Craig Raymond Silva, and the maintenance of existing bail conditions for Jason Lee Johnston. Each decision was made after thorough consideration of the evidence and legal principles applicable to the specific circumstances of the case.

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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