Law Lists for the Supreme Court of Tasmania, Wednesday, 7 February 2018

Case [2018] TASSCCourtlist 324


LAW LISTS FOR THE SUPREME COURT OF TASMANIA, WEDNESDAY, 7 FEBRUARY 2018

HOBART

Court 7, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
2:30 p.m.
For Bail Application
Braydon Leigh Hopkinson
Zane Michael Jamieson

For Directions Hearing and Bail Application
Nathan John Garth

4:00 p.m.
For Directions Hearing
Travis Anthony Mortyn

4:15 p.m.
For Plea in Mitigation
TJW             

4:30 p.m.
For Directions Hearing
Paul Hutchinson

Court 7, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
1:00 p.m.
For Mention
Daniel Alan Prestage

Court 2, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
10:00 a.m.
For Directions Hearing
Daryl George Harington
ACJ    

Court 8, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
4:15 p.m.
For Sentencing Submissions
Casey Nicholas Booth

Court 8, Salamanca Place, Hobart

Before Justice GEASON

Criminal Jurisdiction

10:00 a.m.

For Mention
Patrick Charles Hay

For Bail Consent
David Shaw

For Trial
David Leslie Chandler
(Part-Heard)

Court 1, Salamanca Place, Hobart
Before Justice WOOD
Civil Jurisdiction
10:00 a.m.
For Trial
Zahid Akram Khan Sher
v
Motor Accidents Insurance Board and Anor
(Part-Heard)

Criminal Jurisdiction
4:15 p.m.
For Mention via video link 
Jamie Gregory McCrossen
v
The State of Tasmania

In Chambers, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
2:15 p.m.
For Mention by Telephone
QRS
v
The Law Society and anor

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
10:00am For Trial (Part Heard)
Brodie Edmond Fazackerley

4:15pm For Bail Application
Gregory Alan Keith Nichols

BURNIE

Court 1, Alexander Street, Burnie
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Mention
DNJ

10:15 a.m.
For Trial
Joshua Joseph Goold
(Part Heard)

(Note: Initials are used where publication of a person's name is not permitted by law.)

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Law Lists for the Supreme Court of Tasmania, Wednesday, 7 February 2018 [2018] TASSCCourtlist 324
Case
[2018] TASSCCourtlist 324
Decision Date

CaseChat Overview and Summary

The Supreme Court of Tasmania heard a number of criminal cases on Wednesday, 7 February 2018, with proceedings held in both Hobart and Launceston. The court dealt with bail applications, directions hearings, pleas in mitigation, and sentencing submissions. Notable cases included an application for bail by Braydon Leigh Hopkinson and Zane Michael Jamieson, a directions hearing for Travis Anthony Mortyn, a plea in mitigation by TJW, and sentencing submissions for Casey Nicholas Booth. In addition to the criminal cases, the court also heard a part-heard civil trial involving Zahid Akram Khan Sher against the Motor Accidents Insurance Board and another party.

The legal issues the court was required to decide included whether bail should be granted to the applicants, the appropriate directions for the ongoing criminal cases, the acceptance of pleas in mitigation, and the sentencing of the convicted party. The court had to consider the circumstances of each case, including the nature and seriousness of the alleged offences, the likelihood of the accused appearing in court if granted bail, and the risk of reoffending. In the civil case, the court needed to determine the merits of the claims and defenses presented by the parties.

The court's reasoning and outcome varied depending on the specific case. In the bail applications, the court considered the risk factors and whether the applicants posed a risk to the community or were likely to fail to appear in court. In some cases, bail was granted subject to conditions, while in others, it was refused. For the directions hearings, the court outlined the next steps in the criminal proceedings, including the scheduling of trials and the admissibility of evidence. The pleas in mitigation were considered in the context of the severity of the offence and the offender's background. Sentencing submissions were evaluated based on the aggravating and mitigating factors presented by the parties.

The final orders of the court varied depending on the outcome of each case. In the bail applications, orders were made either granting or refusing bail, sometimes with conditions attached. For the directions hearings, the court issued orders outlining the next steps in the criminal proceedings, including the scheduling of trials and the admissibility of evidence. In the case of the plea in mitigation, the court accepted or rejected the plea and proceeded accordingly. Sentencing orders were made based on the court's assessment of the appropriate punishment for the offence committed.

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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