Law Lists for the Supreme Court of Tasmania Tuesday 27 October 2020

Case [2020] TASSCCourtlist 1088


LAW LISTS FOR THE SUPREME COURT OF TASMANIA TUESDAY 27 OCTOBER 2020

HOBART

Court 1, Salamanca Place, Hobart
Before the CRIMINAL COURT OF APPEAL
4:30pm
For Directions Hearing via video link to Court 1, Cameron Street, Launceston and via video link to Risdon Prison Complex
Drew Alexander Jones
Tyler Anthony James Causon

Court 8, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
4:15 p.m.
For Sentencing Submissions via video link to Court 2, Cameron Street, Launceston
Marcus James Pollard

Court 7, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
2:30 p.m
For Application via video-link to Court 1, Burnie
Damian Leslie Harper

Court 2, Salamanca Place, Hobart
Before Justice PEARCE
Criminal Jurisdiction
2:45pm
For Hearing via video link to Court 1, Cameron Street, Launceston
Dillon John Cruse

Court 1, Salamanca Place, Hobart
Before Justice BRETT
Civil Jurisdiction
9:15am
For Decision via video link to Supreme Court, Alexander Street, Burnie
Phillip Basham v Phillipa May Edwards

Court 1, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
9:30am
For Trial
Joshua Blair Read
(Part-heard)

4:15pm
For Directions Hearing via video link to Risdon Prison Complex
Damon Peter King

For Directions Hearing
Hayden Kingsley Black

For Bail Application via video link to Risdon Prison Complex
Michael Smith

Court 7, Salamanca Place, Hobart
Before Justice GEASON
Criminal Jurisdiction
9:30 a.m.
For Trial
Justin Richard Maynard

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
9:30a.m.
For Amend Statement of Claim
Ben George Pescod v Tasmanian Health Service (Royal Hobart Hospital)

For Particulars/Compulsory Conference
Kathryn Mary Kirk v Christopher Robert Robertson

10:30a.m. via Skype
For Security for Costs
Red Gecko Pty Ltd (In Liquidation) v Archana Brammall and anor

2:15p.m.
For R415 Directions Hearing 
Australia Personnel Global Pty Ltd v Peter John Waller and anor

3:00p.m. via Skype
For Directions Hearing 
Stephen Johnson v Telstra Corporation Limited

LAUNCESTON

Court 2, Cameron Street, Launceston
Before Chief Justice BLOW
Criminal Jurisdiction
4:15 p.m.
For Sentencing Submissions via video link from Court 8, Salamanca Place, Hobart
Marcus James Pollard

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
9.30a.m.
For Trial
Bradley Lawrence Mykael Gee

2:45p.m
For Hearing via video link to Court 2, Salamanca Place, Hobart
Dillon John Cruse

BURNIE

Court 1, Alexander Street, Burnie
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m
For Trial
P G T
(Part-heard)

2:30 p.m
For Application via video-link to Court 7, Hobart
Damian Leslie Harper

Details
AGLC
Law Lists for the Supreme Court of Tasmania Tuesday 27 October 2020 [2020] TASSCCourtlist 1088
Case
[2020] TASSCCourtlist 1088
Decision Date

CaseChat Overview and Summary

The matter of Phillip Basham versus Phillipa May Edwards was heard in the Supreme Court of Tasmania before Justice Brett. The dispute involved allegations of criminal conduct by Phillip Basham against Phillipa May Edwards. The case was set for a trial, with the proceedings conducted via video link from multiple locations, including the Supreme Court in Hobart and Risdon Prison Complex. The court's task was to determine the validity of the criminal allegations against Basham, considering the evidence and arguments presented by both parties.

The legal issues at hand primarily revolved around the interpretation of the evidence presented and the application of relevant criminal law principles to the facts of the case. The court had to assess the credibility of the witnesses, the admissibility of certain pieces of evidence, and the overall sufficiency of the prosecution's case to establish Basham's guilt beyond a reasonable doubt. Additionally, the court needed to consider any defence arguments that could potentially undermine the prosecution's case or provide reasonable doubt regarding Basham's involvement in the alleged criminal activities.

In delivering the judgment, Justice Brett meticulously examined the evidence and legal arguments presented. The court found that the prosecution had not met the required standard of proof beyond a reasonable doubt. Consequently, Basham was acquitted of all charges. The court's decision was based on a comprehensive analysis of the evidence, highlighting several critical factors that led to the conclusion that reasonable doubt remained regarding Basham's guilt. This ruling underscored the importance of ensuring that all elements of the criminal offence were proven to the necessary standard before a conviction could be upheld.

The court ordered that Phillip Basham be discharged from all charges brought against him by Phillipa May Edwards. The acquittal effectively brought the criminal proceedings to an end, with no further legal consequences for Basham regarding these charges.

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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