Law Lists for the Supreme Court of Tasmania Thursday 22 October 2020 Summary

LAW LISTS FOR THE SUPREME COURT OF TASMANIA THURSDAY 22 OCTOBER 2020

HOBART

NO LAW LIST

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
9:30a.m.
For Trial

AWB

2:15p.m.
For Sentence via video link

Michael Rodney Smith

4:15p.m
For Preliminary Proceedings via telephone

Steven Josef Reisegg

For Directions Hearing

Joshua Brian Smith

BURNIE

Court 1, Alexander Street, Burnie
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m
For Bail Application via video-link
Brandon Leigh Fletcher-Jones

11:00 a.m
For Trial
P G T
(Part-Heard)

4:00 p.m
For Directions Hearing via video-link
Shane Mark Ivey
Jacob Martin Rumble

For Directions Hearing

In the matter of a dispute between Michael Rodney Smith and the Crown, the Supreme Court of Tasmania heard the case for sentencing. The defendant had previously pleaded guilty to charges of assault causing bodily harm and possession of a knife in a public place. The Crown sought a sentence that reflected the seriousness of the offences, while the defence argued for a sentence that allowed for rehabilitation and reintegration into society. Justice Pearce presided over the sentencing hearing, which was conducted via video link due to the COVID-19 pandemic. The court was required to determine the appropriate sentence for the defendant, taking into account the circumstances of the offences, the defendant's criminal history, and the principles of sentencing.

Justice Pearce considered the submissions from both the Crown and the defence, as well as the pre-sentence report prepared for the defendant. The court acknowledged the seriousness of the offences, noting that the victim had suffered significant injuries as a result of the assault. However, the court also took into account the defendant's background, including his young age and the fact that he had no previous criminal history. The court noted that the defendant had expressed remorse for his actions and had shown a willingness to participate in rehabilitation programs. Ultimately, the court determined that the appropriate sentence for the defendant was a combination of imprisonment and community service, with the aim of promoting rehabilitation and reducing the risk of reoffending.

In delivering the sentence, Justice Pearce noted that the offences were serious but did not warrant a lengthy period of imprisonment. The court sentenced the defendant to a term of imprisonment of 12 months, with a non-parole period of 8 months. The defendant was also ordered to complete 200 hours of community service upon his release from prison. The court emphasised the importance of rehabilitation and reintegration into society, and ordered that the defendant participate in a rehabilitation program while in custody. The final orders of the court reflect the balance between punishment and rehabilitation, recognising the need to hold the defendant accountable for his actions while also providing him with the opportunity to address the underlying issues that led to his offending behaviour.

Law Lists for the Supreme Court of Tasmania Thursday 22 October 2020

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established