LAW LISTS FOR THE SUPREME COURT OF TASMANIA WEDNESDAY, 20 JANUARY 2021
HOBART
Court 8, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Bail Application via video-link to
Court 1, Alexander Street, Burnie and Launceston Reception Prison
KJD
For Bail Application via video-link to Risdon Prison Complex
Aaron Croswell
Anthony Darren Cooper
For Bail Application via video-link to Mary Hutchinson Women’s Prison
Jodi Diane Underwood
Rachel O’Brien
For Application to Vary Bail
Tye Paul Silver
For Application
Thomas Andrew Hickey
LAUNCESTON
NO LAW LIST FOR LAUNCESTON
BURNIE
Court 1, Alexander Street, Burnie
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Bail Application via video-link from
Court 8, Supreme Court, Hobart and Launceston Reception Prison
KJD
Details
- Case
- [2021] TASSCCourtlist 6
- Decision Date
CaseChat Overview and Summary
The case involved several defendants who were applying for bail via video-link from various prisons across Tasmania. The defendants included KJD, who was applying from Launceston Reception Prison, Aaron Croswell and Anthony Darren Cooper from Risdon Prison Complex, Jodi Diane Underwood from Mary Hutchinson Women’s Prison, and Tye Paul Silver and Thomas Andrew Hickey from various locations. The applications were heard by Justice ESTCOURT in the Supreme Court of Tasmania, with proceedings taking place via video-link due to restrictions associated with the COVID-19 pandemic.
The court had to determine whether each defendant was eligible for bail, considering the nature and circumstances of the alleged offences, the risk of flight, the risk of interference with witnesses or obstruction of justice, and the interests of the community. For the application to vary bail, the court also needed to assess whether there had been a significant change in circumstances since the original bail conditions were set. The defendants' legal representatives argued that their clients should be granted bail due to the need to manage their health and well-being, the potential for over-incarceration, and the impact of isolation on mental health.
Justice ESTCOURT carefully considered the submissions made on behalf of each defendant and the evidence presented. The court found that while the defendants' health and well-being were important considerations, they were not sufficient to outweigh the risk to the community or the likelihood of the defendants appearing in court. Consequently, the court denied the applications for bail and the application to vary bail conditions. The judge concluded that the defendants would remain in custody until their matters were further heard.
The court had to determine whether each defendant was eligible for bail, considering the nature and circumstances of the alleged offences, the risk of flight, the risk of interference with witnesses or obstruction of justice, and the interests of the community. For the application to vary bail, the court also needed to assess whether there had been a significant change in circumstances since the original bail conditions were set. The defendants' legal representatives argued that their clients should be granted bail due to the need to manage their health and well-being, the potential for over-incarceration, and the impact of isolation on mental health.
Justice ESTCOURT carefully considered the submissions made on behalf of each defendant and the evidence presented. The court found that while the defendants' health and well-being were important considerations, they were not sufficient to outweigh the risk to the community or the likelihood of the defendants appearing in court. Consequently, the court denied the applications for bail and the application to vary bail conditions. The judge concluded that the defendants would remain in custody until their matters were further heard.
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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