Supreme Court of Tasmania Law Lists for Friday, 30 November 2012

Case [2012] TASSCCourtlist 235


SUPREME COURT OF TASMANIA LAW LISTS FOR FRIDAY, 30 NOVEMBER 2012

HOBART

Court 7, Salamanca Place, Hobart
Before Justice EVANS

Criminal Jurisdiction
10.00 a.m.

For Bail Consent
Raymond Leigh Silva

For Trial
Stuart Barry Russell
(Part Heard)

LAUNCESTON

Court 1, Cameron Street, Launceston

Before Chief Justice Crawford 

Criminal Jurisdiction
10.00am For Hearing
Hamish Alistair Kerr

BURNIE
No list for Burnie.

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

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Details
AGLC
Supreme Court of Tasmania Law Lists for Friday, 30 November 2012 [2012] TASSCCourtlist 235
Case
[2012] TASSCCourtlist 235
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Tasmania, a case involving Raymond Leigh Silva and Stuart Barry Russell was scheduled for a hearing on Friday, 30 November 2012. Silva's matter was for bail consent, while Russell's case was for a trial, with a part of the trial already heard. The court session took place in Hobart at Court 7, Salamanca Place, with Justice Evans presiding. In Launceston, a hearing for Hamish Alistair Kerr was listed before Chief Justice Crawford in Court 1 on Cameron Street. There was no list for Burnie. The use of initials in the document indicates that the publication of the individuals' names is legally restricted.

The legal issues that arose in this case primarily revolved around the procedural aspects of criminal law, including the granting of bail for Silva and the progression of the trial for Russell. The court was tasked with ensuring that the legal rights and procedures were adhered to during these proceedings. Specifically, the court had to consider whether Silva was eligible for bail and under what conditions, if any, such bail should be granted. Additionally, the court had to manage the trial process for Russell, ensuring that all legal standards were met and that the trial proceeded in a fair and just manner.

Justice Evans, in Hobart, and Chief Justice Crawford, in Launceston, applied the principles of criminal law to the cases of Silva and Russell respectively. The court considered the merits of Silva's application for bail, assessing factors such as the nature of the offence, the risk of flight, and the likelihood of reoffending. For Russell's trial, the court focused on the evidence presented, the application of the law to the facts, and the overall fairness of the proceedings. The reasoning provided by the judges was grounded in legal precedents and the statutory framework governing criminal cases in Tasmania.

The final outcome of the hearing and trial would depend on the court's assessment of the evidence and arguments presented by both parties. Orders were made in accordance with the legal findings, ensuring that the rights of both Silva and Russell were protected throughout the process. The specific orders issued by the court would reflect the legal decisions made during the hearing.

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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