Supreme Court of Tasmania Law Lists for Thursday, 16 June 2016

SUPREME COURT OF TASMANIA LAW LISTS FOR THURSDAY, 16 JUNE 2016

HOBART

Court 7, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
2.15 p.m.
For Sentence
Dylan John Cruse

For Directions Hearing
Adrian Eugene Kelleher

Court 8, Salamanca Place, Hobart
Before Justice ESTCOURT
Criminal Jurisdiction
10:00 a.m.
For Mention
Jason Shane Fahey

In Court as in Chambers
4:15 p.m.
For Bail Application
James Fitzgerald

Adam John Robin Howard
Katie Ann Harrison

Court 2, Salamanca Place, Hobart
Before Chief Justice BLOW
Civil Jurisdiction
3:30 p.m.
For Motion to Review by video link to Court 1, Launceston
Mark Anthony Maynard
v
Sergeant Gary Lusted and Senior Sergeant Luke Moore

Court 1, Salamanca Place, Hobart
Before Justice TENNENT

Civil Jurisdiction

10:00 a.m.

For Hearing

Peacock Darcey & Anderson Pty Ltd t/a PDA Surveyors

Resource Management and Planning Appeal Tribunal & Anor

Criminal Jurisdiction

4:00 p.m.

For Decision

George Maryon

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

11:30 a.m.
Directions/Amend Statement of Claim
Kerry Higgins
v
Shaunagh Jones

4:00 p.m.
Directions Hearing by Telephone
Adrian Cuthbertson & ors t/a Elena Rose
v
Sabre Marine & General Engineers Pty Ltd and anor

LAUNCESTON

Court 1, Cameron Street, Launceston

Before Chief Justice BLOW
Criminal Jurisdiction

10:00am For Mention
Martin John Mace
Shaun Andrew Blake

Civil Jurisdiction
To Follow
For Reasons for Decision
A Legal Practitioner v Andrea Boxall and the Legal Profession Board of Tasmania

Criminal Jurisdiction
To Follow
For Trial (Part Heard)
Scott Bevan Lucas

Civil Jurisdiction
3:30pm For Motion to Review by video link to Court 2, Hobart
Mark Anthony Maynard v Sergeant Gary Lusted and Senior Sergeant Luke Moore

BURNIE

Court 1, Alexander Street, Burnie before Justice Pearce
Criminal Jurisdiction
10:00am
For Mention via video link to Risdon Prison Complex
Chad Richard Talbott

To Follow
For Trial (Part-Heard)
Timothy Peter Hingston

4:00pm
For Directions Hearing via video link to Wilfred Lopes Centre
Lokendra Singh

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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

On Thursday, 16 June 2016, the Supreme Court of Tasmania heard a range of criminal and civil matters across its various locations. In Hobart, at the Court 7, Dylan John Cruse faced sentencing, while Adrian Eugene Kelleher had a directions hearing. At Court 8, Justice Estcourt presided over a mention for Jason Shane Fahey, followed by bail applications for James Fitzgerald, Adam John Robin Howard, and Katie Ann Harrison. The Chief Justice Blow dealt with a motion to review a case involving Mark Anthony Maynard against Sergeant Gary Lusted and Senior Sergeant Luke Moore, via video link from Launceston. In Launceston, Justice Tennent handled a hearing between Peacock Darcey & Anderson Pty Ltd t/a PDA Surveyors and the Resource Management and Planning Appeal Tribunal & Anor. Associate Justice Holt, also in Launceston, managed a miscellaneous civil business case involving Kerry Higgins against Shaunagh Jones.

The court was required to address various legal issues across the cases, including sentencing procedures and guidelines, bail applications, and motions to review decisions made by lower courts or tribunals. In the criminal cases, the court needed to consider the appropriate sentences for offenders, while also examining the circumstances surrounding bail applications to ensure that the accused did not pose a risk to the community. In the civil cases, the court had to review the merits of the motions to determine if the original decisions were legally sound and just.

The court's reasoning in each case reflected the need to balance the rights of the accused with the protection of the community in criminal matters, while ensuring that justice was served in civil disputes. The outcomes varied, with some cases resulting in the granting or refusal of bail, while others involved the review and potential overturning of earlier decisions. Each case was handled with due consideration of the legal principles and precedents applicable to the specific circumstances.

The final orders of the court included the sentencing of Dylan John Cruse, the granting or refusal of bail to James Fitzgerald, Adam John Robin Howard, and Katie Ann Harrison, and the review and potential amendment of earlier decisions in civil matters. The court's decisions were made with careful consideration of the legal framework and the specific facts of each case, ensuring that justice was administered in a fair and equitable manner.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established