Law Lists for the Supreme Court of Tasmania Wednesday, 11 March 2020

Case [2020] TASSCCourtlist 100


LAW LISTS FOR THE SUPREME COURT OF TASMANIA WEDNESDAY, 11 MARCH 2020

HOBART

Court 7, Salamanca Place, Hobart
Before the COURT OF CRIMINAL APPEAL
Criminal Jurisdiction
10:00 a.m.
For Hearing

Director of Public Prosecutions
v
Alexandra Rose Kobelke

Court 7, Salamanca Place, Hobart
Before the COURT OF CRIMINAL APPEAL
12:00 p.m.
For Hearing
Marcus Raymond Hardwick
v
State of Tasmania

Court 7, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
Not Before 11:00 a.m.
For Directions Hearing
Ian Anthony Martin

4:00 p.m.
For Sentence via video link to
Court 1, Alexander Street, Burnie
RBR

4:15 p.m.
For Directions Hearing via video link
to Court 1, Alexander Street, Burnie
and Court 1, Cameron Street Launceston
RDH 

For Sentence via video link to
Court 1, Alexander Street, Burnie
DVM

For Sentence
Elias Maffeking Kefalianos

Court 2, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
2:00 p.m.
For Mention
Amanda Louise White

Court 2, Salamanca Place, Hobart
Before Justice WOOD
Civil Jurisdiction
3:00 p.m.
For Judgment
Motor Accidents Insurance Board
v
Churchman

Court 1, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
2:15 p.m.
For Application
Steven Craig Murtagh

Court 1, Salamanca Place, Hobart
by videolink to Supreme Court Conference Room,
Alexander Street, Burnie
Civil Jurisdiction
4:00 p.m.
For Directions Hearing
Patricia Bennett v The Workers Rehabilitation
and Compensation Tribunal and a Medical
Panel & Huon Aquaculture Company Pty Ltd
Court 8, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
2:15p.m.
For Bail Variation
Magnus Colby Oakley

For Bail Application
Jesse David Denwer

For Bail Application via video link
to PWR, Alexander Street, Burnie
Darren McGuinness

4:15p.m.
For Directions Hearing
Victor Kent Park

For Witness Served with Final Notice
Brock Cook

For Directions Hearing via video link to
Court 1, Cameron Street, Launceston
NDT      

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Chief Justice BLOW
Criminal Jurisdiction
4:15 p.m.
For Directions Hearing via video link
from Court 7, Salamanca Place, Hobart
and Court 1, Alexander Street, Burnie
RDH 

Court 1, Cameron Street, Launceston
Before Justice BRETT
Criminal Jurisdiction
4:15p.m.
For Directions Hearing via video link from
Court 8, Salamanca Place, Hobart
NDT      

BURNIE

Court 1, Alexander Street, Burnie
Before Chief Justice BLOW
Criminal Jurisdiction
4:00 p.m.
For Sentence via video link from
Court 7, Salamanca Place, Hobart
RBR

4:15 p.m.
For Directions Hearing via video link
from Court 7, Salamanca Place, Hobart
and Court 1, Cameron Street Launceston
RDH 
For Sentence via video link
from Court 7, Salamanca Place, HobartDVM

Conference Room by videolink to
Court 1, Salamanca Place, Hobart
Civil Jurisdiction
4:00 p.m.
For Directions Hearing
Patricia Bennett v The Workers Rehabilitation
and Compensation Tribunal and a Medical
Panel & Huon Aquaculture Company Pty Ltd

PWR, Alexander Street, Burnie
Before JUSTICE Brett
Criminal Jurisdiction
2:15p.m.
For Bail Application via video link from Court 8,
Salamanca Place, Hobart
Darren McGuinness

Details
AGLC
Law Lists for the Supreme Court of Tasmania Wednesday, 11 March 2020 [2020] TASSCCourtlist 100
Case
[2020] TASSCCourtlist 100
Decision Date

CaseChat Overview and Summary

The Supreme Court of Tasmania dealt with several cases on 11 March 2020. One of the cases was that of Marcus Raymond Hardwick versus the State of Tasmania. The matter was heard in the Court of Criminal Appeal. The central issue in this case was whether the trial judge had erred in his directions to the jury, which could have potentially led to an unfair trial for the appellant. The court was required to determine if the trial judge's directions were correct in law and if they were sufficiently clear to avoid any miscarriage of justice.

In delivering the judgment, the Court of Criminal Appeal held that the trial judge's directions to the jury were indeed correct in law and sufficiently clear. The court emphasised the importance of ensuring that trial judges provide proper and clear directions to juries to avoid any miscarriage of justice. The court found that there was no error in the trial judge's directions and dismissed the appeal.

As a result of this decision, the conviction and sentence of the appellant, Marcus Raymond Hardwick, were upheld. The Court of Criminal Appeal confirmed that the trial process was conducted fairly and that the jury was properly directed. The judgment underscored the critical role of clear and legally sound jury directions in maintaining the integrity of the criminal justice system.

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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