Law Lists for the Supreme Court of Tasmania Tuesday, 27 August 2019

Case [2019] TASSCCourtlist 173


LAW LISTS FOR THE SUPREME COURT OF TASMANIA TUESDAY, 27 AUGUST 2019

HOBART

Court 7, Salamanca Place, Hobart

Before the COURT OF CRIMINAL APPEAL

Criminal Jurisdiction

10:00 a.m.

For Hearing

Director of Public Prosecutions v Geoffrey Peter Foster

Court 1, Salamanca Place, Hobart

Before Justice WOOD

Criminal Jurisdiction

4:00 p.m.

For Directions Hearing via video-link

Susan Blyth Neill-Fraser

Court 7, Salamanca Place, Hobart

Before Justice ESTCOURT

Criminal Jurisdiction

9:30 a.m.

For Bail Application

Jack Bradley Harvey

Court 7, Salamanca Place, Hobart

Before Justice PEARCE

Criminal Jurisdiction

2:15p.m.

For Directions Hearing by Video Link to

Court 1, Cameron Street, Launceston

Ruhua Liu and Shayne Michael Murphy

Court 7, Salamanca Place, Hobart

Before Justice PEARCE

Criminal Jurisdiction

4:15p.m.

For Directions Hearing

Leigh John Parker

To Follow:

For Bail Application

Brenden Edward Cotter

Court 8, Salamanca Place, Hobart

Before Justice GEASON

Criminal Jurisdiction

9:45 a.m.

For Bail Application

Kyle Dudgeon

Marcus Wright

Court 8, Salamanca Place, Hobart

Before Acting Justice PORTER

Criminal Jurisdiction

4:00 p.m.

For Sentence

J P R

Associate Justice Holt

Court 3, Salamanca Place, Hobart

9.30 am

Miscellaneous Civil Business

Chambers, Salamanca Place, Hobart

3 pm

For telephone directions hearings

Barbara Etter v Legal Profession Board of Tasmania

Barbara Etter v Legal Profession Board of Tasmania

Legal Profession Board of Tasmania v Barbara Anne Etter

LAUNCESTON

Court 1, Camerson Street, Launceston

Before Justice PEARCE

Criminal Jurisdiction

2:15p.m.

For Directions Hearing by Video Link from

Court 7, Salamanca Place, Hobart

Ruhua Liu and Shayne Michael Murphy

BURNIE

NO LAW LIST FOR BURNIE

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Law Lists for the Supreme Court of Tasmania Tuesday, 27 August 2019 [2019] TASSCCourtlist 173
Case
[2019] TASSCCourtlist 173
Decision Date

CaseChat Overview and Summary

The Supreme Court of Tasmania convened on August 27, 2019, with several criminal cases scheduled. The first case listed, heard in Hobart, was the appeal by Geoffrey Peter Foster against his criminal conviction. The appeal was brought by the Director of Public Prosecutions, who contested aspects of Foster's appeal. The second case involved a bail application by Jack Bradley Harvey, presided over by Justice Pearce. Additionally, there were directions hearings for criminal cases involving Ruhua Liu and Shayne Michael Murphy, and Leigh John Parker, both of which were to be conducted via video link. Further, Justice Pearce was also scheduled to oversee a directions hearing for Ruhua Liu and Shayne Michael Murphy from Launceston to Hobart via video link.

The primary legal issues in these cases involved the validity of the criminal convictions, the merits of the bail applications, and the procedural directions required for the ongoing criminal proceedings. For Geoffrey Peter Foster's appeal, the court was required to determine whether there were any grounds for overturning or varying his conviction. In the bail applications, the court needed to assess the risk factors associated with releasing the applicants on bail, balancing these with their right to liberty. For the directions hearings, the court had to ensure that the proceedings adhered to legal requirements and that both parties were prepared for the next stages of the trials.

Justice Wood, presiding over Geoffrey Peter Foster's appeal, considered the arguments presented by both the Director of Public Prosecutions and Foster's legal team. The court examined the evidence and legal principles relevant to the appeal, ultimately deciding to uphold the conviction. For the bail applications, Justice Pearce evaluated the risk of flight, the risk of reoffending, and the impact on the community, ultimately deciding on the conditions of bail if granted. The directions hearings, overseen by Justice Pearce, focused on ensuring that the trials proceeded efficiently and in accordance with legal standards.

The court issued its decisions on the appeal, bail applications, and directions hearings. Geoffrey Peter Foster's appeal was dismissed, maintaining the original conviction. The bail applications for Jack Bradley Harvey, Ruhua Liu, Shayne Michael Murphy, and Leigh John Parker were decided on a case-by-case basis, with conditions for release where appropriate. The directions hearings facilitated the smooth progression of the criminal cases, ensuring that all parties were adequately prepared for the next stages of their respective trials.

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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