LAW LISTS FOR THE SUPREME COURT OF TASMANIA TUESDAY 16 FEBRUARY 2021
HOBART
Court 7, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Mention
JAJ
For Bail Application
Benjamin Charles Bannister
For Bail Consent
TW
RHK
Court 2, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
2:15pm
Jacob Anthony Burdon
3:00pm
For Sentencing Submissions
Andrew Brett Bell
Court 7, Salamanca Place, Hobart
Before Justice GEASON
Criminal Jurisdiction
4:00 p.m.
For Mention
Jack Bradley Harvey
Court 8, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
09:30a.m.
For Trial
Joshua Michael Murtagh
(part-heard)
2:15p.m.
Sentencing Submissions
MLVT
3:15p.m.
For Bail Application via video-link to PWR, Alexander Street, Burnie
and to Risdon Prison Complex
Jai Craig Nichols
Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
9:30a.m.
For Amend Writ
Veronica Rita Ragaglia v The Trustee for the D&A Williamson Family Trust Trading As CrossFit 42 South and ors
For Directions Hearing
Brett Bullock v Brett Williams Builders Pty Ltd
12:00p.m.
For Directions – Originating Application
Attorney-General of Tasmania v Gregory John Casimaty and anor
For Directions – Originating Application Robert Williams MARTIN v Terrence MARTIN as Executors of the Estate of Charles Terrence Martin and ors
For Mention
Brocklands Pty Ltd v Tasmanian Networks Pty Ltd
For Directions – Originating Application
Katy Emma Huskinson
Notice of Appeal
Acton View Pty Ltd and ors v Resource Management and Planning Appeal Tribunal
2:15p.m. via Microsoft Teams
For Notice of Appeal
Vantage Hotel Group Pty Ltd v Tasmanian Liquor and Gaming Commission (no 2463 of 2020)
For Notice of Appeal
Vantage Hotel Group Pty Ltd v Tasmanian Liquor and Gaming Commission (no 2496 of 2020)
For R414 Directions Hearing
Prithipal Singh and anor v Independent Property Inspections and anor
LAUNCESTON
Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
2:00pm
For Trial
Alan Rex Jones
(part-heard)
4:15pm
For Sentence
Lopiseni Rupene Tomasi
BURNIE
Court 1, Alexander Street, Burnie
Before Acting Justice MARSHALL
Criminal Jurisdiction
10:00a.m.
For Legal Argument
RAS
PWR, Alexander Street, Burnie
For Bail Application via video-link from Court 8 Salamanca Place,
Hobart and to Risdon Prison Complex
Jai Craig Nichols
Details
- Case
- [2021] TASSCCourtlist 35
- Decision Date
CaseChat Overview and Summary
The Supreme Court of Tasmania heard a bail application for Benjamin Charles Bannister before Justice ESTCOURT in Criminal Jurisdiction. The application was made by Bannister for bail consent. The nature of the dispute was whether Bannister should be granted bail pending his trial. The court was tasked with determining if the application should be granted or denied based on the evidence presented.
The legal issues that the court had to decide on included the risk of flight, the seriousness of the offence, and the circumstances of the case that may support or oppose the grant of bail. The court considered the evidence presented by both the prosecution and the defence, as well as the bail conditions that could be imposed to ensure that Bannister would appear for his trial. The court also had to consider the principle that a person is presumed innocent until proven guilty and the right to a fair trial.
Justice ESTCOURT granted the bail application and imposed bail conditions that included a curfew, electronic monitoring, and a requirement to report to a bail supervisor. The court found that the evidence did not support a high risk of flight and that the bail conditions could ensure that Bannister would appear for his trial. The court also noted that the presumption of innocence and the right to a fair trial were important principles that should be upheld. The orders of the court were that Benjamin Charles Bannister be released on bail subject to the conditions imposed.
The legal issues that the court had to decide on included the risk of flight, the seriousness of the offence, and the circumstances of the case that may support or oppose the grant of bail. The court considered the evidence presented by both the prosecution and the defence, as well as the bail conditions that could be imposed to ensure that Bannister would appear for his trial. The court also had to consider the principle that a person is presumed innocent until proven guilty and the right to a fair trial.
Justice ESTCOURT granted the bail application and imposed bail conditions that included a curfew, electronic monitoring, and a requirement to report to a bail supervisor. The court found that the evidence did not support a high risk of flight and that the bail conditions could ensure that Bannister would appear for his trial. The court also noted that the presumption of innocence and the right to a fair trial were important principles that should be upheld. The orders of the court were that Benjamin Charles Bannister be released on bail subject to the conditions imposed.
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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