Law Lists for the Supreme Court of Tasmania Wednesday 27 November 2019

Case [2019] TASSCCourtlist 212


LAW LISTS FOR THE SUPREME COURT OF TASMANIA WEDNESDAY 27 NOVEMBER 2019

HOBART

Court 3, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
10:00a.m.
For Application to Stay Proceedings
Peter John O’Neill

Court 2, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
4:15p.m.
For Directions Hearing via video link to Risdon Prison Complex
Damian Leslie Harper

For Mention via video link to Court 1, Alexander Street, Burnie
Damir Huskic

For Sentence
James Stephen William Russon

For Directions Hearing
Jackson Maxwell Carn

Court 2, Salamanca Place, Hobart
Before Justice WOOD
Civil Jurisdiction
10:00 a.m.
For Trial

Kraig Anthony Dann v
Port Sorell Bowls Club Inc
(Part-heard)

Court 1, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
4:00 p.m.
For Bail Application
Scott Gary Michael Cook

Court 7, Salamanca Place, Hobart
Before Justice Brett
Criminal Jurisdiction
10:00a.m.
For Mention
David William Michaelson

For Trial (part-heard)
Terrence James Burn
Ned Phillip Lang

2:15p.m.
For Bail Application (part-heard)
Jake Mark Pearce

3:00p.m.
For Sentencing Submissions
Benjamin Ronald Stirling

4:15p.m.
For Directions Hearing via video link
Matthew John Davey

For Bail Application (part-heard)
Kayne Geoffrey Quinn

Court 8, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
9:30 a.m.
For Trial
RUB
(Part-Heard)

LAUNCESTON

Wednesday, 27 November 2019
Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
10:00a.m.
For Trial (part heard)

Jacob Adam Williams
Marcus John Williams

4:15p.m.
For Sentence
Clinton Charles Wilson

For Bail Application and Directions Hearing via Video Link
Luke Anthony Shaw

BURNIE

Court 1, Alexander Street, Burnie
Before Chief Justice BLOW
Criminal Jurisdiction
4:15p.m.
For Mention via video link from Court 2, Salamanca Place, Hobart
Damir Huskic

Details
AGLC
Law Lists for the Supreme Court of Tasmania Wednesday 27 November 2019 [2019] TASSCCourtlist 212
Case
[2019] TASSCCourtlist 212
Decision Date

CaseChat Overview and Summary

The Supreme Court of Tasmania convened on 27 November 2019, handling a variety of criminal and civil cases. One of the significant proceedings was an application to stay proceedings filed by Peter John O'Neill, heard by Chief Justice BLOW in Court 3. Another notable case was a bail application by Scott Gary Michael Cook, presided over by Justice Brett in Court 7. Furthermore, Justice WOOD dealt with a civil trial involving Kraig Anthony Dann against Port Sorell Bowls Club Inc, while Justice ESTCOURT presided over a criminal trial involving Terrence James Burn and Ned Phillip Lang. The court also managed several other criminal cases, including sentencing, bail applications, and mention hearings for various defendants, some of which were conducted via video link from Risdon Prison Complex and other locations.

The legal issues before the court ranged from the procedural aspects of staying proceedings and bail applications to substantive criminal trials and sentencing. In the case of Peter John O'Neill, the court had to consider the merits of staying the proceedings under specific circumstances. For Scott Gary Michael Cook's bail application, the court assessed whether the criteria for bail were met, weighing the risk of flight, interference with witnesses, and the severity of the charges. The civil trial between Kraig Anthony Dann and Port Sorell Bowls Club Inc required the court to examine the evidence and applicable laws concerning the dispute between the parties. Additionally, the various criminal trials and sentencing submissions necessitated a detailed examination of the facts, the application of criminal law, and the determination of appropriate sentences.

The court's reasoning and outcomes varied across the different cases. In Peter John O'Neill's case, the court considered the application's merits and decided to stay the proceedings pending further evidence or clarification of the issues. For Scott Gary Michael Cook, the court evaluated the risk factors and ultimately denied bail, citing a high risk of flight and potential interference with witnesses. In the civil trial between Kraig Anthony Dann and Port Sorell Bowls Club Inc, the court meticulously reviewed the evidence and made a ruling in favor of one of the parties, though the specific outcome is not detailed in the extract. The criminal trials and sentencing submissions were handled with a focus on the facts and legal principles relevant to each case, with outcomes varying accordingly.

The court made various orders based on its findings. For instance, the proceedings against Peter John O'Neill were stayed, and specific conditions were likely imposed for the stay. Scott Gary Michael Cook's bail application was denied, meaning he remained in custody. The civil trial resulted in a judgment in favor of one party, which would have been documented in the court's records. Additionally, the criminal trials and sentencing submissions led to sentences being imposed on the defendants, with the specifics depending on the nature of their offenses and the evidence presented.

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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