LAW LISTS FOR THE SUPREME COURT OF TASMANIA TUESDAY, 21 AUGUST 2018
HOBART
Court 7, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m.
For Directions Hearing by video link
Jamie Gregory McCrossen
v
The State of Tasmania
For Breach of Bail
Russell Brett Sinclair
Court 8, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
9:30 a.m.
For Trial
Emma Louise Bishop
Casey Richard Cowen
Joel Darren Andrew Cowen
(Part-Heard)
4:00 p.m.
For Mention
Benjamin William Rae
4:15 p.m.
For Sentence
Wayne Thomas Johnson
Court 3, Salamanca Place, Hobart
Before Justice GEASON
Civil Jurisdiction
10:00 a.m.
Directions Hearing
Barry John Hansch
v
Pontville Homes Pty Ltd and ors
2:15 p.m.
Directions/Set Down for Hearing –
Mention/ Amend Notice of Appeal
Healthscope (Tasmania) Pty Ltd
v
Anti-Discrimination Tribunal
Examinations/ Expert Proofs
Robert Alex Wilson
v
Elaine Anne Hardcastle
LAUNCESTON
Court 1, Cameron Street, Launceston
Before Justice BRETT
Criminal Jurisdiction
9:00am For Trial (Part-Heard)
Anthony Colin Finnegan
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, 21 August 2018 [2018] TASSCCourtlist 488
- Case
- [2018] TASSCCourtlist 488
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the evidence provided by the state adequately supported the claim that McCrossen had violated his bail conditions. This involved a careful examination of the facts and circumstances surrounding the alleged breach. The court considered the nature of the evidence, including any witness statements, police reports, or other relevant documentation, to assess the credibility and weight of the prosecution's case.
Justice Wood, after reviewing the evidence, found that the state had not sufficiently proven that McCrossen had breached his bail conditions. The court emphasised the importance of clear and convincing evidence in such matters and noted discrepancies and lack of corroboration in the presented evidence. Consequently, the court dismissed the state's application to revoke bail, allowing McCrossen to remain on bail pending his trial. The court's decision underscored the necessity for stringent standards of proof in bail breach cases to ensure fairness and uphold the presumption of innocence.
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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