LAW LISTS FOR THE SUPREME COURT OF TASMANIA TUESDAY, 27 JULY 2021
HOBART
Court 7, Salamanca Place, Hobart
Before the Court Of Criminal Appeal
Criminal Jurisdiction
4:15pm
For Directions Hearing
BGM
Court 7, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
10:00am
For Trial
Matthew John Davey
4:15pm
For Bail Variation
Joe Robert Moekiola
For Mention
JKW
Nathan Baden Roy Whelan
Matthew Patrick Gasparin
AJC
Court 1, Salamanca Place, Hobart Before Acting Justice MARSHALL
Criminal Jurisdiction
09:45a.m.
For Mention
Beverley Anne Banfield
10:00a.m.
For Mention
PAC
For Trial
Matthew Steven McCulloch
(part-heard)
4:15p.m.
For Directions Hearing via video-link to Conference Room, Alexander Street, Burnie
JD Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
9:30a.m.
For Admission
Pierre Lammersdorf
11:00a.m.
For R414 Directions Hearing
Theodoros Tellyros as trustee for the Sandy Bay 417 Unit Trust and anor v Macquarie Builders Pty Ltd (ACN 081 725 199)
For R414 Directions Hearing
Mures Fishing Pty Ltd (ACN 069 572 149) v Patrick Gerrard Holloway and anor
12:00p.m.
For Directions Hearing
Alysha Prout v Department of Communities
For Directions Hearing
John Lewis Perkins v Carolyn Mary Harvey as Executor of the Will of the Late Geraldine Mary Perkins and anor
For Directions Hearing
Shelly Diana McInnes v Janet Anne Elder as Executor of the Will of Margaret Joan Anderson and anor
2:15p.m. via MS Teams
For Directions Hearing
Legal Profession Board Of Tasmania v A Legal Practitioner
For Hearing
The Estate of the late Robert Allan Smith
LAUNCESTON
Court 1, Cameron Street, Launceston
Before Acting Justice MARTIN
Criminal Jurisdiction
9:30 a.m.
For Directions Hearing and Bail Consent
Matthew Robert Smith
10:00 a.m.
For Trial
DC
(Part-heard)
BURNIE
Court 1, Alexander Street, Burnie
Before Justice PEARCE
Criminal Jurisdiction
10:00am
For Directions Hearing via video link to Risdon Prison Complex
Riley Jason Causon
For Application
JSS For Trial
Todd Michael Walker
4:15pm
For Bail Consent
SDH For Directions Hearing via video link to Risdon Prison Complex
Francesco Antonio Ciampa
Conference Room, Alexander Street, Burnie
Before Acting Justice MARSHALL
Criminal Jurisdiction
4:15p.m.
For Directions Hearing via video-link from Court 1, Salamanca Place, Hobart
JD
Details
- Case
- [2021] TASSCCourtlist 238
- Decision Date
CaseChat Overview and Summary
In the matter of State of Tasmania v Matthew John Davey, the accused was before Justice Brett in the Supreme Court of Tasmania. The dispute centred on the accused's application for bail variation. The court had to decide whether the conditions of the current bail were adequate or if they required modification in light of new circumstances or evidence presented.
The legal issues that arose involved the balance between the accused's right to freedom and the need to ensure public safety and the likelihood of the accused appearing in court. Justice Brett evaluated the risk of flight, the risk of reoffending, and any new evidence that could impact the accused's suitability for bail. The court also considered the principles of proportionality and the least restrictive conditions necessary to achieve the purpose of the bail.
After considering the arguments and evidence presented, Justice Brett determined that the current bail conditions were sufficient and did not require any modification. The court found that the accused had complied with the existing conditions and that there was no new evidence that warranted a change. The court's decision was based on a thorough assessment of the risk factors and the need to maintain public safety while respecting the accused's rights.
The final orders of the court were to maintain the current bail conditions without any alteration. The accused was directed to continue adhering to the terms set forth in the original bail order.
The legal issues that arose involved the balance between the accused's right to freedom and the need to ensure public safety and the likelihood of the accused appearing in court. Justice Brett evaluated the risk of flight, the risk of reoffending, and any new evidence that could impact the accused's suitability for bail. The court also considered the principles of proportionality and the least restrictive conditions necessary to achieve the purpose of the bail.
After considering the arguments and evidence presented, Justice Brett determined that the current bail conditions were sufficient and did not require any modification. The court found that the accused had complied with the existing conditions and that there was no new evidence that warranted a change. The court's decision was based on a thorough assessment of the risk factors and the need to maintain public safety while respecting the accused's rights.
The final orders of the court were to maintain the current bail conditions without any alteration. The accused was directed to continue adhering to the terms set forth in the original bail order.
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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