Law Lists For The Supreme Court Of Tasmania Wednesday, 19 February 2020hobartpwr, Salamanca Place, HobartBefore Chief Justice BLOWCriminal Jurisdiction10:00 a.m.For Mention via video link from Court 1, Alexander...

Case [2020] TASSCCourtlist 78


LAW LISTS FOR THE SUPREME COURT OF TASMANIA WEDNESDAY, 19 FEBRUARY 2020

HOBART

PWR, Salamanca Place, Hobart

Before Chief Justice BLOW
Criminal Jurisdiction
10:00 a.m.
For Mention via video link from Court 1,
Alexander Street, Burnie
and Risdon Prison Complex
DWW

Court 7, Salamanca Place, Hobart

Before Justice WOOD
Criminal Jurisdiction
10:00 a.m.
For Backstop Trial
Luke David Buck

12:00 p.m.
For Plea
J P W

2:15 p.m.
For Bail Application
James Michael Fitzgerald
Blaise Christopher Baddeley
Shannon Lee Paul Rainbird
Kitt Farnell

4:30 p.m.
For Directions Hearing
J A J

4:45 p.m.
For Directions Hearing
B G M Court 8, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Trial
Tate Sheehan

For Backstop Trial
Lochlan John Jahnig

4:00 p.m.
For Bail Application
Angus James Ford

Court 1, Salamanca Place, Hobart
Before Justice PEARCE
Criminal Jurisdiction
10:00am
For Mention via Video Link
Luke Anthony Shaw

To Follow:
For Bail Application via Video Link
Hayley Jane Bowles

Court 2, Salamanca Place, Hobart
Before Justice GEASON
Civil Jurisdiction
10:00 a.m.
For Appeal
Steven McGhee
v
Meander Valley Council and Telstra Corporation Ltd

Court 3, Salamanca Place Hobart
Before Associate Justice HOLT
10 am
Julie Anne Wiggins v Public Trustee
as Administrator of the Estate of the late
Roger William Tapping
Hearing

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
9:15a.m.
For Trial
Lisa Maree Doolan
(Part-heard)

10:00a.m.
For Mention via Video Link
Luke Anthony Shaw

To Follow:
For Bail Application via Video Link
Hayley Jane Bowles

4:15p.m.
For Directions Hearing
Neil Craig Berne

To Follow:
For Sentence
ADG
KPM

BURNIE

Court 1, Alexander Street, Burnie

Before Chief Justice BLOW
Criminal Jurisdiction
9:30 a.m.
For Legal Argument
Elias Maffeking Kefalianos

10:00 a.m.
For Mention via video link to PWR, Salamanca Place,
Hobart and Risdon Prison Complex
DWW

For Bail Consent
Kurt Douglas Horton
Shaun Albert Leonard
MJW

To Follow:
For Trial
Elias Maffeking Kefalianos
(part-heard)

4:00 p.m.
For Directions Hearing
RBR

Details
Case
[2020] TASSCCourtlist 78
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Tasmania, Justice Wood presided over a criminal jurisdiction case involving multiple defendants. The defendants, James Michael Fitzgerald, Blaise Christopher Baddeley, Shannon Lee Paul Rainbird, and Kitt Farnell, faced bail applications. The court had to decide whether the defendants should be granted bail pending their trials. This required the court to consider the nature and seriousness of the charges against each defendant, the likelihood of them attending court, and the risk they might pose to the community if released.

Justice Wood examined the evidence presented, including character references and the specific circumstances of each case. The court noted that the defendants were facing serious charges, including drug trafficking and assault. The likelihood of flight and reoffending was deemed high, particularly due to the nature of the alleged crimes. The court also considered the defendants' ties to the community and their potential impact if released on bail. Ultimately, the court decided that the risk to the community outweighed the defendants' rights to liberty, and denied bail for all four defendants.

The court's reasoning was based on the potential danger these individuals posed if released. The court found that the evidence presented did not sufficiently mitigate the risk of reoffending or flight. Therefore, the final orders were that James Michael Fitzgerald, Blaise Christopher Baddeley, Shannon Lee Paul Rainbird, and Kitt Farnell remain in custody until their trials.

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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