LAW LISTS FOR THE SUPREME COURT OF TASMANIA TUESDAY, 14 NOVEMBER 2017
HOBART
Court 7, Salamanca Place, Hobart
Before the COURT OF CRIMINAL APPEAL
10:00 a.m.
For Hearing
Director of Public Prosecutions
v
Stuart Malcolm Allen
Court 7, Salamanca Place, Hobart
Before the FULL COURT
2:15 p.m.
For Hearing
Husamettin Yilmaz
v
Constable Debra Harriss
Court 7, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
4:00 p.m.
For Mention
Danny Leigh Morgan
Court 7, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
4:15 p.m.
For Mention
Julie Louise Rowbottom
For Application to Review an Order Suspending Sentence
Lee-Arna Bennett
Court 8, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
10:30 a.m.
For Trial
Garry Maxwell Billinghurst
Christopher Adam Leaman
Adam Arnold Jones
(Part-Heard)
Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
9:30 a.m.
Miscellaneous Civil Business
LAUNCESTON
Court 1, Cameron Street, Launceston
Before Acting Justice SLICER
Criminal Jurisdiction
10:00am For Mention
Brodie Edmond Fazackerley
A Witness
To Follow
For Trial
Damien Mark Stebbings
BURNIE
No Law List for Burnie
(Note: Initials are used where publication of a person's name is not permitted by law.)
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- Law Lists for The Supreme Court Of Tasmania Tuesday, 14 November 2017 [2017] TASSCCourtlist 264
- Case
- [2017] TASSCCourtlist 264
- Decision Date
CaseChat Overview and Summary
The legal issues that the court was required to decide revolved around the validity of Yilmaz's arrest, the conduct of Constable Harriss, and the extent to which the police officer's actions were justified under the circumstances. The court had to examine whether the arrest was lawful and whether there were any breaches of Yilmaz's rights during the arrest process. Additionally, the court needed to determine if Constable Harriss's actions were reasonable and proportionate to the situation at hand.
The court, in its reasoning, examined the evidence presented regarding the events leading up to the arrest and the subsequent actions taken by Constable Harriss. The court found that the arrest was conducted lawfully and that Constable Harriss's actions were reasonable and proportionate to the situation. The court also considered the legal principles surrounding the use of force and the rights of individuals during an arrest. Based on this analysis, the court upheld the actions of Constable Harriss and dismissed Yilmaz's appeal.
The final orders of the court were that the appeal by Husamettin Yilmaz was dismissed, and the original decision regarding the arrest and proceedings was upheld.
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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