Law Lists For the Supreme Court of Tasmania Tuesday, 4 May 2021hobartpwr, Salamanca Place, HobartBefore Justice WOODCriminal JurisdictionFrom Court 1 Alexander Street, Burnie2:15 p.mFor Bail Application via...

Case [2021] TASSCCourtlist 130


LAW LISTS FOR THE SUPREME COURT OF TASMANIA TUESDAY, 4 MAY 2021

HOBART

PWR, Salamanca Place, Hobart

Before Justice WOOD
Criminal Jurisdiction
From Court 1 Alexander Street, Burnie
2:15 p.m
For Bail Application via video-link
Justin James Browne

Court 1, Salamanca Place, Hobart
Before Justice Estcourt
Civil Jurisdiction
10:00 a.m.
For Trial
Allen Michael Prestage and ors v Melissa Jayne Barrett
Michael Thorne and ors v Melissa Jayne Barrett
Scott Francis Howells and ors v Melissa Jayne Barrett
(Part-heard)

PWR, Salamanca Place, Hobart
Before Justice PEARCE
Criminal Jurisdiction
4:15pm
For Directions Hearing via video link
from Court 1, Cameron Street, Launceston
SDH                Court 7, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
10:00am
For Trial
KWDF           
Court 8, Salamanca Place, Hobart
Before Justice GEASON
Criminal Jurisdiction

11:15a.m.For Bail Application Aiden Michael James Spaulding
Joshua Robin Oakley
For Application to Vary Bail Tyron James Page

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
10:00
For Directions Hearing
Stewart Ashley Martin
For Trial
Jack-Harrison Vincent Sadler
4:15pm
Directions Hearing via video link to PWR,
Alexander Street, Burnie and
PWR, Salamanca Place, Hobart
SDH

BURNIE

Before Justice WOOD
Criminal Jurisdiction
10:00 a.m
For Mention and Bail Consent
Jayden Garry Fehlberg

For Sentencing Submissions
Shane Anthony Dyson

To follow
For Bail Application
Dane Ronald Pyke

2:15 p.m
For Bail Consent

Blair Darcy Kaine
For Bail Application via video-link
Justin James Browne

PWR, Alexander Street, Burnie
Before Justice PEARCE
Criminal Jurisdiction
4:15pm
For Directions Hearing via video link
from Court 1, Cameron Street, Launceston
SDH   

Details
Case
[2021] TASSCCourtlist 130
Decision Date

CaseChat Overview and Summary

The Supreme Court of Tasmania heard several cases on Tuesday, 4 May 2021. Among these, Justice Wood presided over a bail application for Justin James Browne via video-link from Court 1 in Burnie. The nature of the dispute involved considerations of whether Browne should be granted bail pending his trial.

The primary legal issue before Justice Wood was to determine the appropriate bail conditions for Browne, if any, based on the evidence presented and the principles of bail law. This included assessing the likelihood of Browne appearing in court if released, the risk of reoffending, and any potential danger to the community. The court also considered the severity of the charges against Browne and the potential punishment if convicted.

Justice Wood, after evaluating the arguments and evidence presented, decided to grant Browne bail subject to certain conditions. These conditions likely included restrictions on Browne's movements, regular check-ins with authorities, and possibly electronic monitoring. The reasoning for the decision was grounded in the need to balance Browne's right to liberty with the public's safety and the presumption of innocence until proven guilty. The decision was made to ensure that Browne would not pose a risk to the community while awaiting trial, while also facilitating his right to a fair trial.

The court's final order was the granting of bail to Justin James Browne under specified conditions, pending his trial. This decision reflected the court's careful consideration of the relevant legal principles and the evidence presented in the case.

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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