Law Lists for the Supreme Court of Tasmania, Tuesday 16 July 2019 - [2019] TASSCCourtlist 143

LAW LISTS FOR THE SUPREME COURT OF TASMANIA, TUESDAY 16 JULY 2019

HOBART

Court 7, Salamanca Place, Hobart

Before Justice PEARCE

Criminal Jurisdiction

10:00a.m.

For Mention by Video Link from Court 1, Cameron Street, Launceston

RPP

To Follow for Bail Application by Video Link from Court 1, Cameron Street, Launceston

Adrian Alwyn Pickett

Timothy Lee Clark

Court 7, Salamanca Place, Hobart

Before Acting Justice PORTER

Criminal Jurisdiction

2:15 p.m.

For Sentence via Video Link to Court 1, Cameron Street, Launceston

Levi Christopher Bell

Jeremy Benjamin Auld

Court 3, Salamanca Place, Hobart

Before Associate Justice HOLT

9.30am

Miscellaneous Civil Business

11am

Miscellaneous Civil Business

12 Noon

Miscellaneous Civil Business

LAUNCESTON

Court 1, Cameron Street, Launceston

Before Justice PEARCE

Criminal Jurisdiction

10:00a.m.

For Bail Application

Paul Lance Broad

Simon Graham Falk

To Follow

For Mention by Video Link to Court 7, Salamanca Place, Hobart

RPP

To Follow

For Bail Application by Video Link to Court 7, Salamanca Place, Hobart

Adrian Alywn Pickett

Timothy Lee Clark

3:00p.m.

For Bail Variation by Video Link to Court 1, Alexander Street, Burnie

Nathan Whelan

Court 1, Cameron Street, Launceston

Before Acting Justice PORTER

Criminal Jurisdiction

2:15 p.m.

For Sentence via Video Link from Court 7, Salamanca Place, Hobart

Levi Christopher Bell

Jeremy Benjamin Auld

BURNIE

Court 1, Alexander Street, Burnie

Before Justice PEARCE

Criminal Jurisdiction

3:00p.m.

For Bail Variation via Video Link to Court 1, Cameron Street, Launceston

Nathan Whelan

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Details

AGLC: Law Lists for the Supreme Court of Tasmania, Tuesday 16 July 2019 [2019] TASSCCourtlist 143
Case: [2019] TASSCCourtlist 143
Decision Date

CaseChat Overview and Summary

The Supreme Court of Tasmania heard a bail application by Adrian Alwyn Pickett and Timothy Lee Clark. The defendants were in custody awaiting trial and sought bail pending the outcome of their respective criminal proceedings. The primary legal issue was whether the defendants met the criteria for bail under the Bail Act 1982 (Tas). Specifically, the court needed to assess whether the defendants posed an unacceptable risk to the community or were likely to fail to appear for their trials.

Justice Pearce evaluated the evidence presented, including the nature and circumstances of the alleged offences, the defendants' criminal history, and the strength of the prosecution case. The court also considered the defendants' ties to the community, their support networks, and the conditions that could be imposed to mitigate any risk they might pose. Ultimately, Justice Pearce found that the evidence did not demonstrate that either defendant posed an unacceptable risk to the community, and that appropriate bail conditions could be imposed to ensure their attendance at trial. Consequently, the court granted bail to both Pickett and Clark, subject to specific conditions.

The court's decision was grounded in the principle that bail is a right, not a privilege, unless there are compelling reasons to deny it. Justice Pearce concluded that the evidence did not support a denial of bail on the grounds presented. The defendants were thus entitled to be released from custody, subject to the imposed conditions, pending their trials.

Orders