LAW LISTS FOR THE SUPREME COURT OF TASMANIA WEDNESDAY, 2 JUNE 2021
HOBART
Court 7, Salamanca Place, HobartBefore the COURT OF CRIMINAL APPEAL 10:00a.m.JMB
v
State of Tasmania
WAR
v
State of Tasmania
Director of Public Prosecutions
v
WAR
Court 7, Salamanca Place, HobartBefore Chief Justice BLOWCriminal Jurisdiction4:15p.m.For Application Jarrod James Cartledge
Court 1, Salamanca Place, Hobart
Before Justice ESTCOURT
Civil Jurisdiction
10:00 a.m.
For Trial
Allen Michael Prestage and ors v Melissa Jayne Barrett
Michael Thorne and ors v Melissa Jayne Barrett
Scott Francis Howells and ors v Melissa Jayne Barrett
(Part-heard)
Court 2, Salamanca Place, Hobart
Before Justice PEARCE Criminal Jurisdiction
4:15pm
For Directions Hearing via video link to PWR,
Cameron Street, Launceston and Risdon Prison Complex
Cecil Maurice Mabb
Kyam Keith Broadby
For Sentence
Hayden Kingsley Black
Court 2, Salamanca Place, HobartBefore Justice BRETT
Criminal Jurisdiction
10:00am
For Bail Application
Travis Mortyn
2:15pm
For Bail Application
Christopher Galvin
3:30pm
For Bail Application
JKW
4:15pm
For Mention
Talisha Renee Kelly-Narracott
For Directions Hearing
Justin Paul Moore
For Bail Application via video link to Court 1, Cameron Street, Launceston
Dwayne Grant Seabourne
Court 7, Salamanca Place, Hobart
Before Acting Justice Martin
Criminal Jurisdiction
3:00 p.m.
For Bail Application via video-link to Launceston Reception Prison
Keith Wayne Woods
(Part-heard)
4:00 p.m.
For Bail Application
Shannon Matthew Pursell
(Part-heard)
Court 8, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
09:30a.m.
For Trial
Kye John Edward Charles Louney
Derek Leslie Graeme Smith
(part-heard)
4:15p.m.
For Sentence
Nicholas Paul Burns
LAUNCESTON
PWR, Cameron Street, Launceston
Before Justice PEARCE Criminal Jurisdiction
4:15pm
For Directions Hearing via video link from
Court 2, Salamanca Place, Hobart and Risdon Prison Complex
Cecil Maurice Mabb
Kyam Keith Broadby
Court 1, Cameron Street, Launceston
Before Justice BRETT
Criminal Jurisdiction
10:00am
For Bail Application via video link from
Court 2, Salamanca Place, Hobart
Dwayne Grant Seabourne
Court 1, Cameron Street, Launceston
Before Acting Justice MARSHALL
Criminal Jurisdiction
10:00a.m.
For Trial
Jacob Alexander Ralph Haworth
(part-heard)
BURNIE
NO LAW LIST FOR BURNIE
Details
- Case
- [2021] TASSCCourtlist 168
- Decision Date
CaseChat Overview and Summary
The Court of Criminal Appeal heard two appeals against convictions. In the first matter, JMB appealed against his conviction for a number of serious criminal offences including attempted murder. In the second matter, WAR appealed against his conviction for a number of criminal offences, including aggravated assault causing grievous bodily harm. The legal issues in the first matter were whether the trial judge erred in his directions to the jury concerning the principle of self-defence, whether the trial judge erred in failing to direct the jury that the Crown had not discharged its burden of proving JMB's guilt beyond reasonable doubt, and whether the appeal should be allowed on the basis that the conviction was unsafe and unsatisfactory. In the second matter, the legal issue was whether the trial judge erred in failing to direct the jury on the issue of self-defence, whether the trial judge erred in admitting evidence of previous misconduct by the appellant, and whether the appeal should be allowed on the basis that the conviction was unsafe and unsatisfactory. The Court of Criminal Appeal held that the appeal should be dismissed. The Court held that there was no error in the trial judge's directions to the jury concerning self-defence, and that the trial judge had correctly directed the jury that the Crown had the burden of proving the appellant's guilt beyond reasonable doubt. The Court also held that there was no error in the admission of evidence of previous misconduct, and that the conviction was safe and satisfactory. The appeal was dismissed.
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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