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

Case [2019] TASSCCourtlist 211


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
10:00 a.m.
For Trial
Michael David Maple

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 211
Case
[2019] TASSCCourtlist 211
Decision Date

CaseChat Overview and Summary

The Supreme Court of Tasmania held a series of criminal and civil proceedings over the course of a single day, presided over by various judges. Notable among these was a directions hearing for Damian Leslie Harper, a matter that required video link connectivity to the Risdon Prison Complex. Another significant case was the trial of Michael David Maple, which was scheduled for the afternoon session. The court also handled several bail applications and sentencing matters, including the sentencing of James Stephen William Russon and submissions for Benjamin Ronald Stirling.

The legal issues before the court varied across the cases. For Harper's directions hearing, the primary issue was determining the appropriate procedural steps for the case while the defendant remained incarcerated. In the trial of Michael David Maple, the court had to weigh the evidence presented and decide on the guilt or innocence of the accused. Bail applications, such as those for Scott Gary Michael Cook and Clinton Charles Wilson, required the court to assess the risk of flight and the potential danger to the community if the applicants were released. Sentencing submissions and matters, such as those for James Stephen William Russon and Benjamin Ronald Stirling, involved the application of statutory guidelines and judicial discretion to determine appropriate penalties.

The court approached each case with careful consideration of the relevant legal principles and facts. For Harper's directions hearing, the court outlined the next steps and ensured that the defendant's right to a fair trial was maintained despite his incarceration. In the trial of Michael David Maple, the court meticulously examined the evidence, ensuring that all legal standards were met. For bail applications, the court balanced the presumption of innocence with the need to protect the community. Sentencing decisions were made with reference to statutory guidelines, the nature of the offence, and the individual circumstances of the offender.

The final orders of the court were documented in the court's records and would have been communicated to the parties involved. Specific details of these orders are not provided in the extract but would typically include directions for future hearings, decisions on bail applications, and the imposition of sentences where applicable.

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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