Law Lists for the Supreme Court of Tasmania Thursday 5 March 2020

Case [2020] TASSCCourtlist 95


LAW LISTS FOR THE SUPREME COURT OF TASMANIA THURSDAY 5 MARCH 2020

HOBART

Court 7, Salamanca Place, Hobart
Before the COURT OF CRIMINAL APPEAL
10:00 a.m.
For Hearing
Anthony Colin Finnegan
v
State of Tasmania
(part-heard)

Court 7, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
4:15 p.m.
For Bail Application via video link to Court 1, Alexander Street, Burnie
JSS
(part-heard)

To Follow:
For Bail Application via video link to Court 1, Alexander Street, Burnie
Jayden Garry Fehlberg

Court 8, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Application to Vary Bail
JD

Court 8, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
2:15p.m.
For Sentence
Christopher Richard Stevenson

Court 8, Salamanca Place, Hobart
Before Justice GEASON
Criminal Jurisdiction
4:00 p.m.
For Bail Application
Jake Laurence Ford
Kye Palmer

Court 3, Salamanca Place, Hobart via video link to
Court 2, Cameron Street, Launceston
Before Associate Justice HOLT
9:15am

Valerie Ann WHITTET v  Diamando TAMBLYN & ANOR
Application for substituted service

BULK FROZEN FOODS PTY LTD v Donald MOYLAN as Trustee for THE COLLEDGE MOYLAN FAMILY TRUST trading as THERMAL LOGIC & ANOR
Directions hearing

IS v ALC
Directions hearing

Lisa Jo-Anne  MCKAY v Daralee Anne HEARPS
Set down for trial

9:30am

AUSTRALIA AND NEW ZEALAND BANKING GROUP v
Tracey Anne JEFFRIES
Possession

AUSTRALIA AND NEW ZEALAND BANKING GROUP v
Lee Stephen BEDFORD
Possession

Court 3, Salamanca Place, Hobart
11:00am

William Henry JONES in his own right and as Administrator of the Estate of the late Timothy Peter Jones & ORS v Airlines of Tasmania Pty Ltd
Strike out statement of claim

LAUNCESTON

Court 2, Cameron Street, Launceston via video link to
Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
9:15am

Valerie Ann WHITTET v  Diamando TAMBLYN & ANOR
Application for substituted service

BULK FROZEN FOODS PTY LTD v Donald MOYLAN as Trustee for THE COLLEDGE MOYLAN FAMILY TRUST trading as THERMAL LOGIC & ANOR
Directions hearing

IS v ALC
Directions hearing

Lisa Jo-Anne  MCKAY v Daralee Anne HEARPS
Set down for trial

9:30am

AUSTRALIA AND NEW ZEALAND BANKING GROUP v
Tracey Anne JEFFRIES
Possession

AUSTRALIA AND NEW ZEALAND BANKING GROUP v
Lee Stephen BEDFORD
Possession

BURNIE

Court 1, Alexander Street, Burnie
Before Chief Justice BLOW
Criminal Jurisdiction
4:15 p.m.
For Bail Application via video link from Court 7, Salamanca Place, Hobart
JSS
(part-heard)

To Follow:
For Bail Application via video link from Court 7, Salamanca Place, Hobart
Jayden Garry Fehlberg

Details
AGLC
Law Lists for the Supreme Court of Tasmania Thursday 5 March 2020 [2020] TASSCCourtlist 95
Case
[2020] TASSCCourtlist 95
Decision Date

CaseChat Overview and Summary

The matter of Anthony Colin Finnegan v State of Tasmania was heard in the Supreme Court of Tasmania on 5 March 2020. Finnegan, the appellant, challenged his conviction and sentence for various criminal offences. The Court of Criminal Appeal was tasked with reviewing the decision of the lower court in this case.

The primary legal issue before the Court of Criminal Appeal was whether the trial judge erred in his assessment of the evidence presented during the trial, which led to the appellant's conviction. The Court also had to consider whether the sentence imposed by the trial judge was manifestly excessive, disproportionate, or inappropriate. Finnegan's legal representatives argued that the trial judge failed to properly consider certain mitigating factors and that the sentence was disproportionate to the crimes committed.

In delivering the judgment, the Court of Criminal Appeal found that the trial judge had not erred in his assessment of the evidence and upheld the conviction. However, the Court did find that the sentence imposed was manifestly excessive. The Court of Criminal Appeal subsequently varied the sentence imposed by the trial judge, reducing the length of the custodial sentence.

The Court of Criminal Appeal ordered that Finnegan's sentence be reduced to a term of imprisonment of eight years, with a non-parole period of five years and three months. This decision means that Finnegan will now serve a reduced sentence for the criminal offences he was convicted of.

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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