Law Lists for the Supreme Court of Tasmania Wednesday, 11 July 2018

Case [2018] TASSCCourtlist 451


LAW LISTS FOR THE SUPREME COURT OF TASMANIA WEDNESDAY, 11 JULY 2018

HOBART

Court 7, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
10:00 a.m.
For Mention via Video Link to
Court 1, Cameron Street, Launceston
Nathan Baden Whelan

For Breach of Bail
Zachary Dylan Wright

For Bail Application
Michael John Hopkinson
(Part-Heard)
Simon Catto

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT 
Civil Jurisdiction
10:00 a.m.
For Hearing
Tanya Louise Booth
v
Francis Eileen Brooks and ors

LAUNCESTON

Before Acting Justice PORTER
Criminal Jurisdiction
10:00 a.m.
For Mention via Video Link from
Court 7, Salamanca Place, Hobart

Nathan Baden Whelan

BURNIE

NO LAW LIST FOR BURNIE

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

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Details
AGLC
Law Lists for the Supreme Court of Tasmania Wednesday, 11 July 2018 [2018] TASSCCourtlist 451
Case
[2018] TASSCCourtlist 451
Decision Date

CaseChat Overview and Summary

The matter before the Supreme Court of Tasmania involved a hearing for Nathan Baden Whelan, who appeared for a breach of bail, and Zachary Dylan Wright, who sought a bail application. The case was presided over by Acting Justice Porter in Court 7, Salamanca Place, Hobart, with further proceedings mentioned via video link to Court 1, Cameron Street, Launceston. Another matter, Simon Catto, was partially heard before Associate Justice Holt in Court 3, Salamanca Place, Hobart. Another case involving Tanya Louise Booth against Francis Eileen Brooks and others was also heard in Launceston before Acting Justice Porter.

The primary legal issues addressed by the court involved the interpretation and enforcement of bail conditions, and the circumstances under which bail could be revoked or granted. The court had to consider the nature of the alleged breach of bail by Whelan, the justification for any proposed bail conditions in the case of Wright, and the broader implications of these decisions on the administration of justice and public safety. The court was also required to evaluate the evidence and arguments presented by both parties to make informed decisions.

Acting Justice Porter examined the evidence and submissions presented in the case of Whelan, determining whether there was sufficient cause to revoke the bail conditions. The court found that Whelan had indeed breached his bail conditions, leading to a decision that the breach warranted further legal consequences. For Wright's bail application, the court assessed the risk factors and the likelihood of Wright appearing in court if granted bail. The court concluded that Wright's application for bail was not substantiated by the evidence provided, thus denying the application. The reasoning in both cases was grounded in the principles of justice and public safety, with a focus on the individual circumstances of each defendant.

The final orders included the revocation of Nathan Baden Whelan's bail and the denial of bail for Zachary Dylan Wright. The court's decisions were based on a careful consideration of the evidence and legal principles applicable to each case, reflecting the court's commitment to upholding the rule of law and ensuring public safety.

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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