Supreme Court of Tasmania Law Lists for Friday, 13 March 2015

SUPREME COURT OF TASMANIA LAW LISTS FOR FRIDAY, 13 MARCH 2015

HOBART

Court 7, Salamanca Place, Hobart
Before Chief Justice BLOW

Criminal Jurisdiction
11:00 a.m.

For Mention

Ethan Scott Cooper

For Facts and Sentence
Peter Matthew Yost

For Legal Argument
Jamie Reginald Hall
Braydon John Hopkinson

Court 2, Salamanca Place, Hobart
Before JUSTICE TENNENT
Criminal Jurisdiction
11:00 a.m.
In Court as in Chambers

For Bail Application

Michael John Kelleher
Jamie Paul Wilmott

Court 8, Salamanca Place, Hobart
Before Justice PORTER
Criminal Jurisdiction
10:00 a.m.
For Bail Variation
Ryan Michael Zmendak

For Plea
Jason Ronald Roberts

For Bail Consent
Ornella Mirella Santesso

For Disputed Facts Hearing
Benjamin Michael Fama

Court 2, Salamanca Place, Hobart
Before Justice PEARCE
Criminal Jurisdiction
10.00 a.m. by video link to Court 1, Cameron Street, Launceston
For Sentence
MCW

Court 1, Salamanca Place, Hobart
Before Justice ESTCOURT
Civil Jurisdiction
10:00 a.m.
For Trial
Troy Leslie Eirth
v
Geoffrey Arthur Spaulding
(Part-Heard)

4:15 p.m.
For Re-Sentence via Video-Link to Court 1, Alexander Street, Burnie
Brodie McCrostie

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
9:15 a.m. by video link to Burnie
Miscellaneous Civil Business

11:00 a.m.
Appoint Administrator
King
v
Worrall and Anor

2:15 p.m.
Stay Judgment
Allianz Australia Insurance Limited
v
Mercer

LAUNCESTON
Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
10.00am For Mention
GCS
Benjamin Thomas Lynch

To Follow
For Sentence by video link to Court 2, Salamanca Place, Hobart
MCW

To Follow
For Decision
David Ronald Morgan

BURNIE
Court 1, Alexander Street, Burnie
Before Justice ESTCOURT
4:15 p.m.
Civil Jurisdiction
In Court
For Re-Sentence via Video-Link from Court 1, Salamanca Place, Hobart
Brodie McCrostie

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

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CaseChat Overview and Summary

The Supreme Court of Tasmania issued its law lists for Friday, 13 March 2015, with various criminal and civil matters scheduled for hearing in Hobart, Launceston, and Burnie. The list includes several cases with different stages of proceedings, from bail applications and disputed facts hearings to sentences and trials. Notable cases include a bail variation application by Ryan Michael Zmendak, a sentence hearing for Benjamin Michael Fama, and a part-heard trial between Troy Leslie Eirth and Geoffrey Arthur Spaulding. Some cases will be heard via video link, facilitating remote participation in the judicial process.

The legal issues before the court encompass bail applications, disputed facts hearings, sentencing, and re-sentencing. For instance, the bail variation application by Ryan Michael Zmendak raises issues regarding the conditions of bail and the accused's suitability for continued release. The sentence hearing for Benjamin Michael Fama will involve determining the appropriate penalty based on the facts and circumstances of the case. The part-heard trial between Troy Leslie Eirth and Geoffrey Arthur Spaulding will address the substantive legal and factual disputes between the parties.

The court's reasoning and outcome will depend on the specific facts and legal arguments presented in each case. For bail applications, the court will consider factors such as the risk of flight, the likelihood of reoffending, and the accused's ties to the community. In sentencing, the court will weigh the severity of the offence, the offender's culpability, and any mitigating or aggravating circumstances. The trial of Troy Leslie Eirth v Geoffrey Arthur Spaulding will involve a comprehensive review of the evidence and application of relevant legal principles to determine liability and damages.

The final orders will vary according to the nature of each case. Bail applications will result in either a grant or refusal of bail, with conditions if applicable. Sentences will specify the punishment, which may include fines, imprisonment, or community service. Trials will conclude with a judgment on liability and a determination of damages or other remedies. The court's decisions will be communicated through written judgments or oral pronouncements, providing clarity on the legal outcomes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established