Law Lists for the Supreme Court of Tasmania Tuesday, 24 March 2020

Case [2020] TASSCCourtlist 115


LAW LISTS FOR THE SUPREME COURT OF TASMANIA TUESDAY, 24 MARCH 2020

HOBART

Court 7, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m.
For Directions Hearing via video-link to
Court 1, Alexander Street, Burnie
Peter Arthur Edward Nibbs

For Legal Arguments via video-link to
Court 1, Alexander Street, Burnie
P G T

For Bail Application via video-link to
Court 1, Alexander Street, Burnie
K J D

For Bail Consent
B J B

Court 8, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
9:30a.m.
For Directions Hearing via video link
Rodney Gene Crosswell

For Mention
Stephen Hunt

For Bail Consent
John Edward Bailey

10:00a.m.
For Bail Application via video link
Travis Lee Braslin

4:00p.m.
For Bail Application via video link
Krystal Michelle Payne

Court 3, Salamanca Place, Hobart

Before Associate Justice HOLT

9.30 am

Daniel Francis Murphy v Frances Mary Triffett

Directions hearing

Glen Stevenson v Christopher Sydney Blackwell

Discovery/Expert proofs

12 midday

Cindy Gaye Flakemore v Jeffrey Ross Hansch as executors

of the estate of the late Brett Andrew Woods

Originating application/directions hearing

2.15 pm

Susan Mary Cochrane ATF Bungaree Trust v

Dieter Helbig & Anor

Application to amend counterclaim

Public Trustee as the administrator of the estate of

Matthew Peter Leonard v Faleupolu Atileo

Set down for trial

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice Pearce
Civil Jurisdiction
4:15pm
For Plea
Joshua Clifford Thomas Smith

BURNIE

Court 1, Alexander Street, Burnie
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m.
For Directions Hearing via video-link from
Court 7, Salamanca Place, Hobart
Peter Arthur Edward Nibbs

For Legal Arguments via video-link from
Court 7, Salamanca Place, Hobart
P G T

For Bail Application via video-link from
Court 7, Salamanca Place, Hobart
K J D

Details
AGLC
Law Lists for the Supreme Court of Tasmania Tuesday, 24 March 2020 [2020] TASSCCourtlist 115
Case
[2020] TASSCCourtlist 115
Decision Date

CaseChat Overview and Summary

The case of Peter Arthur Edward Nibbs was heard by Justice Wood in the Supreme Court of Tasmania. Nibbs had been arrested and was awaiting trial for a criminal offence. The court held a directions hearing and legal arguments via video link from another location, as well as a bail application. The legal issues that the court had to decide were related to the directions of the case, the admissibility of certain evidence, and the granting of bail. The court considered the seriousness of the offence, the risk of flight, and the likelihood of interfering with witnesses or obstructing justice. The court also had to consider the principle of open justice and the need for transparency in the proceedings.

The court found that the evidence presented by the prosecution was sufficient to warrant a trial and that the interests of justice required certain directions to be given. The court also found that the evidence in question was admissible, as it was relevant and not prejudicial. The court further found that the risk of flight was low, and that there was no likelihood of interference with witnesses or obstruction of justice. The court took into account the fact that Nibbs had a stable accommodation and employment, and that he had no previous criminal history. The court also considered the impact of the COVID-19 pandemic on the proceedings, and the need to balance the rights of the accused with the need to protect the public.

The court granted bail to Nibbs, subject to certain conditions, including a curfew, electronic monitoring, and a requirement to report to police. The court also ordered that the trial be held via video link, due to the ongoing public health concerns. The court emphasised the importance of ensuring that the trial was conducted in a fair and just manner, while also taking into account the need to protect the health and safety of all those involved. The court's decision was based on a careful consideration of all the relevant factors, and a balanced approach to the competing interests at stake.

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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