Law Lists for the Supreme Court of Tasmania Tuesday, 28 July 2020

Case [2020] TASSCCourtlist 814


LAW LISTS FOR THE SUPREME COURT OF TASMANIA TUESDAY, 28 JULY 2020

HOBART

Before Chief Justice BLOWCriminal Jurisdiction10:00 a.m.For TrialScott Peter Parssey
(part-heard)
Court 7, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Directions Hearing
AHJH

For Trial
RPP
(Part-heard)

4:00 p.m.
For Bail Application by video link
to Risdon Prison Complex
Jack Willem Harris

Court 8, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
4:15pm
For Directions Hearing via video link from Court 1,
Cameron Street, Launceston and Risdon Prison Complex
Claude James Wigg

For Directions Hearing via video link from
Court 1, Cameron Street, Launceston
Scott Andrew Francis Jones
Judith Maree Jones

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
9:30a.m.
For MentionJudith Rose Barber v Joy Elizabeth Barber
as executrix of the Estate of the late Rex Ernest Barber

Refer to Mediation/Set Timetable
Penelope Jane Smith as administrator
of the estate of the late James Maurice Smith
v Tasmanian Health Service

For Dismiss Action
Beau Warren Abel v Jason Edward Tiedemann

For Further and Better Particulars
Wendy Jan (Oldham) Reid
v Dr Nathanael Sweeney and anor

12:00p.m.
For Directions Hearing
Amelia Anne Lovell v Michael Peter Verschurr and ors

For Directions Hearing
Leisha Jean Fuller v Larry Raymond Nunn
as executor of the Will of the late Peter John Nunn
2:15p.m.
For Mention
Mohamed Hefny v Constable Alicia Barnes

For Directions Hearing
Brocklands Pty Ltd V Tasmanian Networks Pty Ltd

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice Brett
Criminal Jurisdiction
10:00am
For Trial (part heard)
SDW  

Court 1, Cameron Street, Launceston
Before Justice BRETT
Criminal Jurisdiction
4:15pm
For Directions Hearing to Court 8, Salamanca Place,
Hobart and Risdon Prison Complex
Claude James Wigg

For Directions Hearing to Court 8, Salamanca Place, Hobart
Scott Andrew Francis Jones
Judith Maree Jones

BURNIE

Court 1, Alexander Street, Burnie
Before Justice PEARCE
Criminal Jurisdiction 10:00a.m.
For Pre-Recording
Bradley Lawrence Mykael Gee

Details
AGLC
Law Lists for the Supreme Court of Tasmania Tuesday, 28 July 2020 [2020] TASSCCourtlist 814
Case
[2020] TASSCCourtlist 814
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Tasmania, a case was heard by Justice Brett involving an application for bail by Jack Willem Harris. The applicant, Harris, was seeking bail while his case was being heard via video link from Risdon Prison Complex. The nature of the dispute centred around the granting of bail under the Bail Act 1982, with specific considerations given to the seriousness of the alleged offence, the risk of flight, and the interests of the community.

The legal issues that the court had to address included whether the applicant met the criteria for bail, particularly in light of the alleged offence's gravity and the potential risk he posed if released. The court also had to weigh the applicant's right to liberty against the community's interest in ensuring public safety. The primary consideration was whether there were sufficient grounds to refuse bail, considering the applicant's history, the nature of the alleged offence, and the circumstances surrounding the application.

Justice Brett carefully reviewed the evidence and submissions presented, assessing the risk factors associated with Harris's release. The court concluded that, given the seriousness of the alleged offence and the potential risk to the community, the application for bail should be refused. The decision was based on the need to protect the community and the applicant's history, which raised concerns about his compliance with bail conditions. The court's reasoning highlighted the importance of maintaining public safety while also acknowledging the applicant's right to a fair hearing.

The final orders of the court were that Jack Willem Harris's application for bail was refused. The reasons for this decision were articulated in the judgment, focusing on the gravity of the alleged offence and the risk to the community if Harris were to be released on bail.

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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