Supreme Court of Tasmania Law Lists for Monday, 10 February 2014

SUPREME COURT OF TASMANIA LAW LISTS FOR MONDAY, 10 FEBRUARY 2014

DUE TO THE REGIONAL PUBLIC HOLIDAY IN HOBART ON MONDAY, 10 FEBRUARY, THE LAW LISTS FOR TUESDAY, 11 FEBRUARY WILL BE EMAILED AND POSTED ON THE SUPREME COURT WEBSITE ON THE MORNING OF TUESDAY, 11 FEBRUARY.

HOBART
No list for Hobart due to regional Royal Regatta Day public holiday

LAUNCESTON

Court 1, Cameron Street, Launceston

Before Justice Pearce
Criminal Jurisdiction

10.00am For Mention
Shane Vivian Smith

For Trial (Part- Heard)
Roger Edwin Fidler

4.00pm For Directions Hearing
Desmond John Jarvis

For Bail Variation
Ashley Keith Holliday

BURNIE
Court 1, Alexander Street, Burnie before Justice Estcourt
Criminal Jurisdiction
9:30am
In Court
For Trial (Part-heard)
Justin James Lange

10:00am
In Court
For mention via video link
Adrian Wayne Smillie
Luke Anthony Abraham (aka Shane Mark Ivy)

For mention
Luke Gregory Marshall

For discharge
Tayla Elaine Mary Smedley

Bail consent
Michael Scott Redman

For Plea
Corey Bamber Brooke
Kristie Marie Roberts
Samantha Jane Whish-Wilson
Barry Lawrence Bowerman
Nicole Margarett Bruce
Breach Applications
Anthony Colin Finnegan
Simon John Dennison

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

MAGISTRATES COURT LISTS available at:

Email subscriptions to the law lists of other courts can be requested at:

CaseChat Overview and Summary

In the Supreme Court of Tasmania, Justice Pearce presided over a criminal trial involving Roger Edwin Fidler, who was on trial for charges including unlawful possession of a firearm and intimidation. The court was required to address several legal issues, including the admissibility of evidence obtained from Fidler’s residence and the interpretation of relevant sections of the Criminal Code. The court also needed to determine whether Fidler’s actions constituted an offence under the Firearms Act and whether any mitigating circumstances should be considered in sentencing.

Justice Pearce meticulously examined the evidence presented, ensuring that the prosecution had met the burden of proof beyond reasonable doubt. The court considered the credibility of witnesses and the reliability of the forensic evidence. It was noted that the evidence pointed to Fidler’s involvement in the illegal possession of a firearm, corroborated by witness testimonies and the discovery of the weapon during a lawful search of his premises. The court found that the evidence was sufficient to convict Fidler on all charges. Additionally, Justice Pearce addressed the arguments surrounding the applicability of mitigating factors, such as Fidler's lack of a prior criminal record, and weighed these against the seriousness of the offence.

Following the deliberation, Justice Pearce delivered the verdict, finding Roger Edwin Fidler guilty on all counts. The court sentenced Fidler to a term of imprisonment, taking into account the severity of the offence and the need for general deterrence. The final orders included a custodial sentence, a firearm disqualification period, and a requirement for Fidler to participate in a rehabilitation program. The court also imposed a non-parole period, ensuring that Fidler would spend a significant amount of time in custody before being eligible for parole.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established