Law Lists for the Supreme Court of Tasmania, Thursday, 27 June 2019

Case [2019] TASSCCourtlist 131


LAW LISTS FOR THE SUPREME COURT OF TASMANIA, THURSDAY, 27 JUNE 2019

HOBARTCourt 7, Salamanca Place, Hobart

Before Chief Justice BLOW

Criminal Jurisdiction

10:00 a.m.

For Mention

Jamian Osbourne BurdenFor Trial

Chauncy Aaron Bell

(part-heard)

Court 1, Salamanca Place, Hobart

Before Chief Justice BLOW

Criminal Jurisdiction

4:15 p.m.

For Directions Hearing via video link

to Risdon Prison Complex

Troy Daniel PerryFor Directions Hearing

Jarrod Anthony McKenna

Aaron Roy Johnston

In Chambers, Salamanca Place, Hobart

Before Chief Justice BLOW

Criminal Jurisdiction

4:15 p.m.

For Telephone Directions Hearing

JAR

Court 7, Salamanca Place, Hobart

Before Justice WOOD

Criminal Jurisdiction

9:15 a.m.

For Mention by video link

Darren Ward Gale

For Application to Review a Community Service Order

Nicole Maree McGowan

(Part-Heard)

Court 1, Salamanca Place, Hobart

Before Justice WOOD

Criminal Jurisdiction

2:15 p.m.

For Bail Application

Michael Thomas Jones

(Part-Heard)

Sean Patrick Mahoney

(Part-Heard)

Court 7, Salamanca Place, Hobart

Before Justice WOOD

Criminal Jurisdiction

4:00 p.m.

For Directions Hearing by video link

William John Christopher Mc Fardzean Foran

4:15 p.m.

For Facts and Plea in Mitigation

BGC

Court 7, Salamanca Place, Hobart

Before Justice WOOD

Civil Jurisdiction

3:45 p.m. not before 4:15 p.m.

For Decision

Aaron Joshua Allie

v

Scott Wilkie & Ors

Court 8, Salamanca Place, Hobart

Before Justice BRETT

Criminal Jurisdiction

4:15 p.m.

For Mention via video link from Court 1, Alexander Street, Burnie

DOA

For Directions Hearing via video link from Court 1, Alexander Street, Burnie

BGM

Court 8, Salamanca Place, Hobart

Before Justice GEASON

Criminal Jurisdiction

10:00 a.m.

For Mention

Christopher Lewis Emery

For Trial

Benjamin William Rae

3:30 p.m.

For Bail Application

Ryan Edward Brown

LAUNCESTON

Court 1, Cameron Street, Launceston

Before Justice PEARCE

Criminal Jurisdiction

10:00a.m.

For Trial

Nicholas Leonard Payne

(Part Heard)

Court 2, Cameron Street, Launceston

Before Acting Justice PORTER

Criminal Jurisdiction

9:30 a.m.

For Trial

Peter Richard Albert Joyce

(Part-Heard)

BURNIE

Court 1, Alexander Street, Burnie

Before Justice BRETT

Criminal Jurisdiction

10:00 a.m.

For Trial

Nicholas Michael Butcher

4:15 p.m.

For Mention via video link to Court 2, Salamanca Place, Hobart

DOA

For Directions Hearing via video link to Court 2, Salamanca Place, Hobart

BGM

For Directions Hearing via video link to Risdon Prison Complex

Ashley Luke Haintz

For Preliminary Proceedings Application

Mark Raymond Roland

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Details
AGLC
Law Lists for the Supreme Court of Tasmania, Thursday, 27 June 2019 [2019] TASSCCourtlist 131
Case
[2019] TASSCCourtlist 131
Decision Date

CaseChat Overview and Summary

The case before the Supreme Court of Tasmania involved a dispute between Darren Ward Gale and the Director of Public Prosecutions. The matter pertained to an application by Mr. Gale to review a community service order that had been imposed upon him. The case was heard in Court 7, Salamanca Place, Hobart, before Justice WOOD.

The primary legal issue that the court had to decide was whether the community service order imposed on Mr. Gale was appropriate and whether there were grounds for its review. The court examined the nature and severity of the offence for which Mr. Gale was ordered to perform community service, the circumstances surrounding the offence, and the principles of sentencing relevant to community service orders.

Justice WOOD reviewed the evidence and submissions from both parties, including the aggravating and mitigating factors presented. The court considered the need for punishment, deterrence, rehabilitation, and the protection of the community. After weighing these factors, Justice WOOD concluded that the community service order was appropriate and did not find sufficient grounds for its review.

The court dismissed the application to review the community service order, upholding the original sentence imposed by the lower court.

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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