LAW LISTS FOR THE SUPREME COURT OF TASMANIA THURSDAY, 25 FEBRUARY 2021
HOBARTCourt 7, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
10:45 a.m.
For Sentence
Nicholas Aaron Scott
11:00 a.m.
For Sentence
Rachelle Maree O’Brien
11:30 a.m.
For Sentencing Submissions
Scott Alfred Robertson
2:15 p.m.
For Plea
John Saether
For Sentencing Submissions
RPP
4:00 p.m.
For Mention
Deryck John Lockwood
For Plea
Justin Craig Cleaver
Court 2, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
10:00am
For Bail Application via video link to Ron Barwick Prison
Robert Leigh Cowen
(Part-heard)
Court 2, Salamanca Place, Hobart
Before Justice BRETT
Civil Jurisdiction
11:30am
For Directions Hearing
Bob Brown Foundation Inc v Sustainable Timber Tasmania
Court 8, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
2:15pm
For Sentencing Submissions
Andrew Brett Bell
PWR, Salamanca Place, HobartBefore Acting Justice MARSHALL
Criminal Jurisdiction
09:30a.m.
For Sentence via video-link from
Court 1, Alexander Street, Burnie
Christine Joy Radford
Court 1, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
10:00 a.m.
For Directions Hearing via telephone
Fahad Al-Dakak
For Directions Hearing via video link
to Risdon Prison Complex
Alani Povalu Moeakiola
For Directions Hearing
Fahed Elniz
For Directions Hearing via video link
to Ron Barwick Prison
Taha Afyouni
4:15p.m.
For Sentence via video link to
Court 1, Cameron Street, Launceston
Christopher Brendan Keil
LAUNCESTON
Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
9:15am
For Trial
Heath Maxwell Lethborg
(part-heard)
10:00am
For Sentencing Submissions
Alan Rex Jones
2:15pm
For Plea
Paul James RischkeCourt 1, Cameron Street, Launceston
Before Acting Justice PORTER
Criminal Jurisdiction
4:15p.m.
For Sentence via video link from
Court 1, Salamanca Place, Hobart
Christopher Brendan Keil
BURNIE
Court 1, Alexander Street, Burnie
Before Acting Justice MARSHALL
Criminal Jurisdiction
09:30a.m.
For Sentence via video-link to PWR,
Salamanca Place, Hobart
Christine Joy Radford
10:00a.m.
For Plea
David Smith
4:15p.m.
For Sentence
Shaun William Thomas
Details
- Case
- [2021] TASSCCourtlist 51
- Decision Date
CaseChat Overview and Summary
Nicholas Aaron Scott appeared before Justice ESTCOURT in the Supreme Court of Tasmania for sentencing following a guilty plea to charges of burglary and unlawful possession of a firearm. The dispute revolved around the appropriate sentence to be imposed given the circumstances and previous criminal history of the offender. The court had to determine the severity of the penalty and whether any mitigating or aggravating factors should influence the outcome.
The legal issues before the court included the principles of sentencing for burglary and unlawful possession of a firearm, as well as the need to balance the principles of deterrence, retribution, and rehabilitation. The court considered the offender's criminal history, the seriousness of the offences, and any mitigating circumstances, such as the offender's cooperation and remorse. The court also needed to ensure that the sentence was proportionate and just, taking into account the impact on the victim and the community.
Justice ESTCOURT, in delivering the sentence, emphasised the seriousness of the offences and the offender's previous convictions. The court found that while there were mitigating factors, such as the offender's cooperation, the gravity of the crimes warranted a custodial sentence. The court sentenced Nicholas Aaron Scott to a term of imprisonment, with specific details on the length and conditions of the sentence provided in the judgment. This decision reflected the need to uphold public safety and deter similar criminal activities.
The legal issues before the court included the principles of sentencing for burglary and unlawful possession of a firearm, as well as the need to balance the principles of deterrence, retribution, and rehabilitation. The court considered the offender's criminal history, the seriousness of the offences, and any mitigating circumstances, such as the offender's cooperation and remorse. The court also needed to ensure that the sentence was proportionate and just, taking into account the impact on the victim and the community.
Justice ESTCOURT, in delivering the sentence, emphasised the seriousness of the offences and the offender's previous convictions. The court found that while there were mitigating factors, such as the offender's cooperation, the gravity of the crimes warranted a custodial sentence. The court sentenced Nicholas Aaron Scott to a term of imprisonment, with specific details on the length and conditions of the sentence provided in the judgment. This decision reflected the need to uphold public safety and deter similar criminal activities.
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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