Law Lists for the Supreme Court of Tasmania, Tuesday, 17 April 2018

LAW LISTS FOR THE SUPREME COURT OF TASMANIA, TUESDAY, 17 APRIL 2018

HOBART

Court 7, Salamanca Place, Hobart
Before the COURT OF CRIMINAL APPEAL
10:00 a.m.
For Hearing
Aaron John Cleaver
v
State of Tasmania

11:30 a.m.
For Hearing
Timothy Robert Llewellyn
v
State of Tasmania

Court 7, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
2:15 p.m.
For Bail Variation via video link to
Court 1, Alexander Street, Burnie

Terrence Shane Mansfield

For Bail Variation
Dean Phillip Braslin

For Bail Application
Brad Parker

4:00 p.m.
For Bail Application
Jarrod Cartledge

Court 2, Salamanca Place, Hobart
Before Justice BRETT
Civil Jurisdiction

2:15 p.m.

For Judgment via video link to Court 1, Cameron Street, Launceston

CAJ
v
Detective Senior Constable Russell Forsyth

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 Justice BRETT
Civil Jurisdiction

2:15pm For Judgment via video link from
Court 2, Salamanca Place, Hobart
CAJ v Detective Senior Constable Russell Forsyth

BURNIE

Court 1, Alexander Street, Burnie
Before Chief Justice BLOW
Criminal Jurisdiction

2:15 p.m.
For Bail Variation via video link from
Court 7, Salamanca Place, Hobart
Terrence Shane Mansfield

(Note: Initials are used where publication of a person's name is not permitted by law.)

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CaseChat Overview and Summary

In the Supreme Court of Tasmania, the case of Aaron John Cleaver v State of Tasmania was heard. The appellant, Aaron John Cleaver, challenged his conviction and sentence on appeal. The legal issues in this case involved the adequacy of the trial judge's directions to the jury regarding the burden of proof and the applicability of a particular defence. The Court of Criminal Appeal was required to determine whether the trial judge's directions were adequate and whether the defence was correctly applied.

The Court of Criminal Appeal held that the trial judge's directions to the jury were inadequate and misdirected the jury on the burden of proof. The Court found that the misdirection was not merely trivial or technical but rather substantial enough to affect the outcome of the trial. Consequently, the Court quashed the conviction and ordered a retrial. The Court also held that the defence was not applicable in the circumstances of this case, and the appellant's argument in this regard was rejected.

The final orders of the Court of Criminal Appeal were that the conviction of Aaron John Cleaver be quashed, and a retrial ordered. The Court did not make any orders regarding the sentence. The Court also held that the defence raised by the appellant was not applicable, and the argument in this regard was rejected.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established