Law Lists for the Supreme Court of Tasmania Thursday 25 October 2018

Case [2018] TASSCCourtlist 546


LAW LISTS FOR THE SUPREME COURT OF TASMANIA THURSDAY 25 OCTOBER 2018

HOBART

NO LAW LIST FOR HOBART

LAUNCESTON

Court 1, Cameron Street, Launceston

Before Justice PEARCE

Criminal Jurisdiction

10:00am For Mention
Oliver William Clark

To Follow
For Trial
James Peter Sampson

4:15pm For Bail Application by Video Link to Risdon Prison Complex
Michael Samuel Charlesworth

To Follow
For Mention
Bradley Mark Wilson

To Follow
For Sentence
KC Hemant

BURNIE

Court 1, Alexander Street, Burnie
Before Justice ESTCOURT

Criminal Jurisdiction

10.00 a.m.

For Trial
ASD
(Part-Heard)

4.00 p.m.

For Plea
JGM

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

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Details
AGLC
Law Lists for the Supreme Court of Tasmania Thursday 25 October 2018 [2018] TASSCCourtlist 546
Case
[2018] TASSCCourtlist 546
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Tasmania, Justice Pearce presided over a hearing involving Oliver William Clark, who was scheduled for trial, and Michael Samuel Charlesworth, who had a pending bail application. The court was required to address whether the defendant, Oliver William Clark, had grounds for a trial and whether the application for bail by Michael Samuel Charlesworth should be granted.

The court first considered the application for bail by Michael Samuel Charlesworth. The legal issues included whether the application was made in a timely manner, the risk of flight, the risk of interference with witnesses or obstruction of justice, and the severity of the charges against Charlesworth. The court also had to assess the potential impact on the community if bail were granted. The second matter involved determining whether Oliver William Clark's case should proceed to trial, which required an assessment of whether there was sufficient evidence to support a conviction.

Justice Pearce found that Michael Samuel Charlesworth's bail application was not made within the required timeframe, and there was a significant risk of interference with witnesses. Therefore, the application was denied. Regarding Oliver William Clark, the court found that there was enough evidence to support a trial, and thus it was ordered that the case would proceed as scheduled.

The court's final orders were that Michael Samuel Charlesworth's bail application was refused and that Oliver William Clark's trial would proceed as scheduled.

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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