Law Lists for the Supreme Court of Tasmania Wednesday, 14 November 2018 Summary

LAW LISTS FOR THE SUPREME COURT OF TASMANIA WEDNESDAY, 14 NOVEMBER 2018

HOBART

Court 1, Salamanca Place, Hobart
Before the COURT OF CRIMINAL APPEAL

10:00 a.m.
For Hearing

Cain Jeremiah Dunning
v
The State of Tasmania and The Queen

Court 1, Salamanca Place, Hobart
Before Justice ESTCOURT

Criminal Jurisdiction
4:00 p.m.
For Sentence
Emma May Wordsworth

Court 7, Salamanca Place, Hobart
Before Justice BRETT

Criminal Jurisdiction

4:15 p.m.

For Bail Application

Johnny David Jones

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

12:00 p.m.
For Sentence Submissions
Emilia Olive Harwood

Court 8, Salamanca Place, Hobart
Before Acting Justice MARSHALL
Criminal Jurisdiction
4:15 p.m.
For Sentence
Tamika Gaye Wordsworth
Luke George Jones

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
9:30 a.m.
Directions Hearing by Telephone
State of Tasmania
v
Accident and Health International Underwriting Pty Ltd

2:15 p.m.
Leave to Issue Third Party Notice
Pure Oxygen Development Pty Ltd and anor
v
Carlo Cimino

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
4:15pm For Sentence
N

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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CaseChat Overview and Summary

Cain Jeremiah Dunning has appealed against his conviction and sentence before the Supreme Court of Tasmania, Court of Criminal Appeal. The appeal concerns a case of serious assault and the sentence imposed by a lower court. The State of Tasmania and the Crown are the respondents to the appeal. The central legal issues in this appeal revolve around the correctness of the trial judge's rulings on certain evidentiary matters and the proportionality of the sentence imposed. Specifically, the appellant challenges the admissibility of certain evidence and argues that the sentence was excessive. The court of appeal must determine whether the lower court correctly admitted the contested evidence and whether the sentence was just and appropriate in the circumstances of the case.

The Court of Criminal Appeal carefully reviewed the evidence and the arguments presented by both parties. The court found that the lower court had correctly admitted the contested evidence, as it was relevant and properly authenticated. The appeal against the admissibility of this evidence was therefore dismissed. Regarding the sentence, the court considered the severity of the assault and the appellant's criminal history. After a thorough review, the court upheld the sentence imposed by the lower court, finding it to be proportionate to the nature of the offence and the appellant's culpability.

In summary, the Court of Criminal Appeal dismissed the appeal against the conviction and sentence. The court found no error in the trial judge's handling of the evidence and upheld the sentence as appropriate. The appellant's conviction and sentence remain in effect.

Law Lists for the Supreme Court of Tasmania Wednesday, 14 November 2018

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established