Law Lists for the Supreme Court of Tasmania, Wednesday 29 May 2019

Case [2019] TASSCCourtlist 111


LAW LISTS FOR THE SUPREME COURT OF TASMANIA, WEDNESDAY 29 MAY 2019

HOBART

Court 7, Salamanca Place, Hobart

Before Chief Justice BLOW

Criminal Jurisdiction

4:15pm

For Directions Hearing

Aaron Roy Johnston

Jarrod Anthony McKenna

For Application

NVL

Court 7, Salamanca Place, Hobart

Before the Court of Criminal Appeal

Criminal Jurisdiction

10am

For Hearing

Russell John Nowoczynski

v

The State of Tasmania

Court 8, Salamanca Place, Hobart

Before Justice WOOD

Criminal Jurisdiction

9:30 a.m. not before 1:00 p.m.

For Sentence via video link to

Court 1, Alexander Street, Burnie

Scott Andrew Cripps

Court 7, Salamanca Place, Hobart

Before Justice BRETT

Criminal Jurisdiction

3pm

For Bail Application via video link to

Court 1, Cameron Street, Launceston

Jake Christopher Morgan

Wayne Raymond Harris

Court 3, Salamanca Place, Hobart

Before Associate Justice HOLT

9:15am

Directions Hearing by Telephone

Elizabeth Jane Hope as personal representative of the

Estate of Peter Lyndsay Hope

v

George Papoutsakis

10am

Assessment of Damages

Debra Plowright

v

Robert Gent

12pm

Hearing – (Continued)

Roberts Limited

v

Sanders Frith-Brown

LAUNCESTON

Court 1, Cameron Street, Launceston

Before Justice BRETT

Criminal Jurisdiction

3pm

For Bail Application via video link from

Court 7, Salamanca Place, Hobart

Jake Christopher Morgan

Wayne Raymond Harris

BURNIE

Court 1, Alexander Street, Burnie

Before Justice WOOD

Criminal Jurisdiction

9:30 a.m. not before 1:00 p.m.

For Sentence via video link to

Court 8, Salamanca Place, Hobart

Scott Andrew Cripps

10:00 a.m.

For Trial

Darren Ward Gale

(Part-Heard)

1:00 p.m.

For Mention

Samuel Peter Newell

Details
AGLC
Law Lists for the Supreme Court of Tasmania, Wednesday 29 May 2019 [2019] TASSCCourtlist 111
Case
[2019] TASSCCourtlist 111
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Tasmania, a series of cases were scheduled for hearings on Wednesday, 29 May 2019. These cases encompassed a range of legal matters, from criminal jurisdiction to civil disputes, and were heard by various judges across different courts in Hobart and Launceston. Notably, the Court of Criminal Appeal was set to hear an appeal by Russell John Nowoczynski against the State of Tasmania, which involved the interpretation and application of criminal law. Additionally, matters related to sentencing, bail applications, and damages assessments were also scheduled.

The legal issues presented to the court spanned a spectrum of criminal and civil proceedings. In the criminal cases, questions regarding the appropriate sentences for convicted individuals, the granting of bail, and the assessment of damages in civil disputes were central. The Court of Criminal Appeal's hearing of Nowoczynski's appeal involved intricate legal arguments concerning the correctness of the lower court's decision, potentially impacting the criminal justice process. Meanwhile, the bail applications raised issues of public safety, flight risk, and the presumption of innocence until proven guilty.

The court's reasoning and outcomes in these cases would hinge on a meticulous examination of the facts, the applicable law, and the legal principles relevant to each case. In the criminal appeal, the Court of Criminal Appeal would have considered whether there were any errors in the lower court's interpretation of the law or procedure that warranted a reversal or modification of the decision. For the sentencing and bail applications, the court would have balanced the rights of the accused with the interests of the public and the severity of the alleged crimes. The damages assessment would have involved a detailed review of the evidence presented regarding the extent of the harm suffered by the plaintiff.

The final orders of the court would be communicated at the conclusion of the respective hearings. These orders could include the affirmation or reversal of a lower court's decision, the granting or denial of bail, the imposition of sentences, and the determination of damages. Each outcome would be based on the court's comprehensive analysis of the presented evidence and legal arguments.

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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