LAW LISTS FOR THE SUPREME COURT OF TASMANIA WEDNESDAY, 28 JULY 2021
HOBART
Court 8, Salamanca Place, HobartBefore Justice PEARCE
Criminal Jurisdiction
4:15pm
For Directions Hearing via video link from Court 1, Alexander Street, Burnie and Court 2, Cameron Street, Launceston
ARS For Ground Rules Hearing via video link from Court 1, Alexander Street, Burnie and Court 2, Cameron Street, Launceston
Thomas Joseph GardamCourt 7, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
9:45am
For Mention
Jason Clifford Gordon
Dean Phillip Braslin
2:00pm
For Trial
Matthew John Davey
4:15pm
For Sentence via video link to Conference Room, Alexander Street, Burnie
Darren James McCall
For Mention via video link to Conference Room, Alexander Street, Burnie
Nicholas Kyle Jones
For Directions Hearing
Mark Kyle Sherman
For Plea
Joshua Edward Darling
Court 8, Salamanca Place, Hobart
Before Justice GEASON
Criminal Jurisdiction
10:00a.m.For SentenceXinzhe Lin
For MentionJudd Paul Kraemers
For facts and sentencing submissionsAshley Dean Brown
For ApplicationWiam Al Saji
Not before 12pmFor bail applicationJames Anthony Duggan
Danny Howard Arnold
2.15pm For sentenceAnthony John Hepworth
Court 1, Salamanca Place, Hobart
Before Acting Justice MARSHALL
Criminal Jurisdiction
12:00p.m.
For Bail Application via video-link to Risdon Prison Complex
Paul Jason Berry
2:15p.m.
For Application to Vary Bail
DNS
4:15p.m.
For Sentence via video-link to Risdon Prison Complex
Michael Linden Dennison
LAUNCESTON
Court 2, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
4:15pm
For Directions Hearing via video link to Court 1, Alexander Street, Burnie
ARS For Ground Rules Hearing via video link from Court 1, Alexander Street, Burnie and to Court 8, Salamanca Place, Hobart
Thomas Joseph Gardam
Court 1, Cameron Street, Launceston
Before Acting Justice MARTIN
Criminal Jurisdiction
10:00 a.m.
For Trial
DC
(Part-heard)
4:15 p.m.
For Directions Hearing via video-link to Risdon Prison Complex
Robert Peter Matthewson
For Directions Hearing
Brody Reginald Costello
BURNIE
Court 1, Alexander Street, Burnie
Before Justice PEARCE
Criminal Jurisdiction
9:30am
For Sentencing Submissions
Todd Michael Walker
4:15pm
For Directions Hearing via video link from Court 2, Cameron Street, Launceston
ARS For Ground Rules Hearing via video link to Court 8, Salamanca Place, Hobart and Court 2, Cameron Street, Launceston
Thomas Joseph GardamConference Room, Alexander Street, Burnie
Before Justice BRETT
Criminal Jurisdiction
4:15pm
For Sentence via video link from Court 7, Salamanca Place, Hobart
Darren James McCall
For Mention via video link from Court 7, Salamanca Place, Hobart
Nicholas Kyle Jones
Details
- Case
- [2021] TASSCCourtlist 239
- Decision Date
CaseChat Overview and Summary
The matter before Justice Pearce of the Supreme Court of Tasmania involved the applicant, Thomas Joseph Gardam, who was seeking to have certain matters heard in camera. This involved an application for the suppression of identifying information in relation to Gardam, in light of the potential for serious harm to him if his identity were to be revealed. The application was made under the provisions of the Sentencing Act 1997 (Tas), and was made on the basis of Gardam's fear of retribution and harm if his identity and involvement in the proceedings were to be disclosed.
The legal issue for the court was whether the suppression of identifying information was warranted under the circumstances. The court considered the relevant statutory provisions and case law, including the decision in R v Leech, which established that the suppression of identifying information is an exceptional measure that should only be applied in circumstances where there is a real and significant risk of harm to the applicant. The court also considered the principles of open justice and the public's right to know about the administration of justice.
After considering the evidence and submissions, Justice Pearce determined that the suppression of identifying information was warranted in this case. The court found that Gardam had established a real and significant risk of harm if his identity were to be disclosed, and that this risk outweighed the principles of open justice. The court made orders suppressing the publication of Gardam's identifying information, including his name, photograph, and other details that could lead to his identification. The orders were made for the duration of the proceedings and any appeals.
No further orders were made by the court in this matter.
The legal issue for the court was whether the suppression of identifying information was warranted under the circumstances. The court considered the relevant statutory provisions and case law, including the decision in R v Leech, which established that the suppression of identifying information is an exceptional measure that should only be applied in circumstances where there is a real and significant risk of harm to the applicant. The court also considered the principles of open justice and the public's right to know about the administration of justice.
After considering the evidence and submissions, Justice Pearce determined that the suppression of identifying information was warranted in this case. The court found that Gardam had established a real and significant risk of harm if his identity were to be disclosed, and that this risk outweighed the principles of open justice. The court made orders suppressing the publication of Gardam's identifying information, including his name, photograph, and other details that could lead to his identification. The orders were made for the duration of the proceedings and any appeals.
No further orders were made by the court in this matter.
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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