Law Lists for the Supreme Court of Tasmania Tuesday, 31 October 2017

LAW LISTS FOR THE SUPREME COURT OF TASMANIA TUESDAY, 31 OCTOBER 2017

HOBART

Court 7, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m.
For Trial
George Joseph Bilinski
(Part Heard)

4:00 p.m.
For Bail Application
Damien Paul Ford

4:15 p.m.
For Bail Application
Brodie John Self
Brian Jason Triffett

Court 8, Salamanca Place, Hobart
Before Justice ESTCOURT

Criminal Jurisdiction

9:30 a.m.
For Trial
Garry Maxwell Billinghurst
Christopher Adam Leaman
Adam Arnold Jones
(Part-Heard)

10:00 a.m.
For Mention
A Witness

Court 1, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
10:00 a.m.
For Hearing
Susan Blyth Neill-Fraser
v
State of Tasmania
(Part Heard)

Court 2, Salamanca Place, Hobart
Before Chief Justice BLOW
Civil Jurisdiction
4:15 p.m.
For Judgment
Constable Debra Harriss
v
Alex Williams-Coates

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
9:30 a.m.
Miscellaneous Civil Business

LAUNCESTON

Court 1, Cameron Street, Launceston

Before Acting Justice SLICER

Criminal Jurisdiction

10:00am For Trial (Part Heard)

Jamie Lee Vimpany

4:15pm For Bail Application

Codie Ken Fazackerley

BURNIE

Court 1, Alexander Street, Burnie Before Justice Pearce
10.00am

For Trial
Dwayne Grant Seabourne

(Note: Initials are used where publication of a person's name is not permitted by law.)

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CaseChat Overview and Summary

The case before the Supreme Court of Tasmania involves Alex Williams-Coates, who was charged with an offence under the Criminal Code Act 1924 (Tas). The court was required to deliver judgment in the matter of Constable Debra Harris versus Alex Williams-Coates. The central legal issue in this case was whether the appellant, Alex Williams-Coates, was lawfully arrested and detained by Constable Debra Harris. The court needed to determine if the constable had the necessary authority and justification to arrest and detain the appellant.

The court examined the evidence presented regarding the circumstances of the arrest. It was established that Constable Debra Harris had reasonable grounds to suspect that Alex Williams-Coates had committed an indictable offence. The court considered whether the constable's actions were proportionate and necessary to prevent the commission of an offence and to ensure the safety of the public. The court also assessed whether the appellant was informed of the reason for his arrest and detention, as required by law.

Justice Blow, delivering the judgment, concluded that the arrest and detention were lawful. The court found that Constable Debra Harris had reasonable grounds to suspect that Alex Williams-Coates was committing an indictable offence. The court determined that the constable's actions were proportionate and necessary to prevent the commission of an offence and to ensure the safety of the public. Additionally, the court found that the appellant was adequately informed of the reason for his arrest and detention.

The court ordered that the charges against Alex Williams-Coates be dismissed. The decision emphasised the importance of ensuring that arrests and detentions are conducted in accordance with the law, with proper justification and adherence to the rights of the individual. The outcome of the case highlights the need for law enforcement officers to have reasonable grounds for an arrest and to act within the confines of the law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established