Law Lists for the Supreme Court of Tasmania Wednesday 8 January 2020

LAW LISTS FOR THE SUPREME COURT OF TASMANIA WEDNESDAY 8 JANUARY 2020

HOBART

Court 7, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
10:00 a.m.
For Directions Hearing
Marcus Raymond Hardwick
v
State of Tasmania

For Bail Application via video link to Court 1, Cameron Street, Launceston
Coen Andrew Stewart

For Bail Application
Renee Paula Trojan
Michael Terry Smith
Craig John Smith (part-heard)
Benjamin John Howlett
Michael John Hopkinson
Daniel John Wiggins
Christopher Mustapha Osta
James Michael Fitzgerald

2:00 p.m.
For Application to Vary Bail
AJS
(part-heard)

2:15 p.m.
For Bail Application
Rachelle Maree O’Brien
Brenden Edward Cotter

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Chief Justice BLOW
Criminal Jurisdiction
10:00 a.m.
For Bail Application via video link from Court 7, Salamanca Place, Hobart
Coen Andrew Stewart

BURNIE

NO LAW LIST

CaseChat Overview and Summary

In the Supreme Court of Tasmania, Chief Justice Blow presided over a hearing involving Marcus Raymond Hardwick, who brought a case against the State of Tasmania. The matter was primarily focused on Hardwick's bail application, which was heard via video link from another location. This case highlighted issues surrounding the legal principles governing bail applications and the criteria that the court must consider in determining whether to grant or deny bail.

The court had to consider several legal issues, including whether Hardwick met the criteria for bail as stipulated in the Bail Act. This involved assessing the seriousness of the offence, the likelihood of Hardwick appearing in court if released on bail, and the potential risk to the community if he were to be granted bail. The court also needed to weigh Hardwick's right to liberty against the state's interest in ensuring that he would appear in court for his trial.

Chief Justice Blow evaluated the evidence and arguments presented by both parties. The court found that Hardwick met the criteria for bail as his release would not pose a significant risk to the community, and there were no compelling reasons to deny him bail. Consequently, the court granted Hardwick bail, subject to certain conditions to ensure his appearance at future court hearings. These conditions likely included restrictions on his movements, a requirement to report to a designated officer, and possibly the imposition of a curfew.

Following the hearing, the court made orders granting Marcus Raymond Hardwick bail with specified conditions. These orders were intended to balance Hardwick's rights with the need to ensure his attendance at court, reflecting the court's careful consideration of the evidence and legal principles involved in the bail application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established