Law Lists for the Supreme Court of Tasmania Wednesday, 16 December 2020hobart

Case [2020] TASSCCourtlist 1147


LAW LISTS FOR THE SUPREME COURT OF TASMANIA WEDNESDAY, 16 DECEMBER 2020

HOBART

Court 8, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Bail Application via video-link to Mary Hutchinson Women’s Prison
Amanda Louise White

For Bail Application via video-link to Ron Barwick Prison
Troy Anthony Colin Clark
Bradley Clinton Braslin

For Bail Application
Kendall Helen Huxley
Beverley Anne Banfield

For Bail Variation Application
Harrison Reynolds

Court 7, Salamanca Place, Hobart
Before Justice GEASON
Criminal Jurisdiction
10.00am
For Plea
Luke Matthew John Chatters

For Mention
Samuel William David Maple

For decision
Richard Gordon Dickenson

2.15pm
For Sentence
J D L

3.00pm
For Sentence
Ricky James Crossin

4.00pm
For Sentence
Justin Richard Maynard

4:30 p.m.
For sentencing submissions
N L W

For Bail Application
Matthew John Davey

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
11:30a.m.
For Strike Out Application (1st and 2nd Defendants)
Elizabeth Jane Hope as personal representative of
the Estate of Peter Lyndsay Hope and ors
v George Papoutsakis and ors

2:15p.m.
For Hearing
Sarah Joan Whitehouse v Motor Accidents Insurance Board

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
4:00p.m
For Application
Patrick Charles Curbishley

4:15p.m
For Sentence via video link to Court 1,
Alexander Street, Burnie
Benjamin Matthew Cosgrove

For Sentence
Timothy Edward Double
Jesse James Martin

For Application
Anton Domarecky

Court 1, Cameron Street, Launceston
Before Acting Justice MARSHALL
Criminal Jurisdiction
10:00 a.m.
For Sentencing Submissions
Daniel James Crisp

2:00p.m.
For Application
Jarrod James Lodge 

BURNIE

Court 1, Alexander Street, Burnie
Before Justice PEARCE
Criminal Jurisdiction
4:15p.m
For Sentence via video link from
Court 1, Cameron Street, Launceston
Benjamin Matthew Cosgrove

Details
AGLC
Law Lists for the Supreme Court of Tasmania Wednesday, 16 December 2020hobart [2020] TASSCCourtlist 1147
Case
[2020] TASSCCourtlist 1147
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Tasmania, Justice Estcourt presided over a bail application for Amanda Louise White, who appeared via video link from Mary Hutchinson Women’s Prison. Another bail application was heard for Troy Anthony Colin Clark and Bradley Clinton Braslin, appearing from Ron Barwick Prison, while Kendall Helen Huxley and Beverley Anne Banfield applied for a bail variation. These applications were part of the court’s criminal jurisdiction proceedings, focusing on the eligibility and conditions for the release of individuals awaiting trial.

The legal issues in these cases centred on the criteria for granting bail, including the seriousness of the offence, the likelihood of the accused attending court, the risk of flight, and any potential danger to the community if released. The court had to weigh these considerations, particularly in light of the current health context, to determine whether the applicants met the requirements for bail under the Bail Act.

Justice Estcourt examined the evidence and arguments presented in each case, considering the nature of the charges, the applicants' personal circumstances, and any relevant history of compliance with bail conditions. The court's reasoning focused on balancing the presumption of innocence with the need to protect the community. Ultimately, Justice Estcourt granted bail to Amanda Louise White under specific conditions, while the applications for bail by Clark and Braslin and for bail variation by Huxley and Banfield were denied. The court's decisions reflected a cautious approach, prioritising public safety and the integrity of the judicial process.

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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