Law Lists for the Supreme Court of Tasmania Wednesday 1 September 2021

Case [2021] TASSCCourtlist 286


LAW LISTS FOR THE SUPREME COURT OF TASMANIA WEDNESDAY 1 SEPTEMBER 2021

HOBART

Court 1, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m.
For Directions Hearing

Tyler Anthony James Causon
For Mention
James Stuart Walker

For Trial
Daniel Robert Knowles

4:00 p.m.
For Mention
Michael John Hopkinson

4:15 p.m.
For Directions Hearing
Kye Douglas Glenn Palmer
MKL

For Mention
Scott Andrew Marriott

For Bail Consent
Shaun Edward Hodges

Court 8, Salamanca Place, Hobart
Before Justice GEASON
Criminal Jurisdiction

10am
For plea
Clinton Anthony Williams

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Bail Application
Aaron Richard Thompson

For Trial
Robert Leslie Harris

Not before 11:30 a.m.
For Mention
Alesha Nyl Prentice

BURNIE


Court 1, Alexander Street, Burnie

Before Justice PEARCE
Criminal Jurisdiction
10:00am
For Sentencing Submissions
Tyson James Hayes

For Bail Consent
Emma-Lisa Eronen

4:15pm
For Directions Hearing

Gary David Millwood

Details
AGLC
Law Lists for the Supreme Court of Tasmania Wednesday 1 September 2021 [2021] TASSCCourtlist 286
Case
[2021] TASSCCourtlist 286
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Tasmania, the Hon Justice Wood presided over a criminal directions hearing involving Tyler Anthony James Causon. The dispute centred around the procedural aspects of the case, specifically whether certain evidence should be admitted or excluded. The court was required to determine the admissibility of evidence that was potentially obtained in breach of the defendant's legal rights. The central issue was whether the evidence should be excluded under s 138 of the Evidence Act 2008 (Tas), which allows for the exclusion of evidence obtained in a way that is unfair to the defendant.

Justice Wood examined the circumstances under which the evidence was obtained and assessed whether it infringed upon the defendant's rights. The court considered the principles of fairness and the potential impact of admitting the evidence on the integrity of the proceedings. After a thorough review of the evidence and the applicable legal standards, the court concluded that the evidence obtained in breach of the defendant's rights was indeed unfair and should be excluded. Justice Wood ordered that the evidence in question be excluded from the trial, emphasising the importance of upholding the fairness of the judicial process.

The final orders of the court were that the evidence obtained in breach of the defendant's rights would not be admitted in the trial. The court's decision underscored the commitment to ensuring that trials are conducted fairly and in accordance with legal principles. This ruling serves as a reminder of the importance of adhering to procedural fairness and the consequences that may arise from disregarding the rights of the accused.

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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