SUPREME COURT OF TASMANIA LAW LISTS FOR THURSDAY, 2 FEBRUARY 2012
HOBART
Court 8, Salamanca Place, Hobart
Before Justice BLOW
Criminal Jurisdiction
9:30a.m.
For Trial
R E M
(Part-heard)
4:30p.m.
For Application
James Sampson v State of Tasmania
Court 7, Salamanca Place, Hobart
Before Justice TENNENT
Criminal Jurisdiction
10:00 a.m.
For Mention
Kyle Ronald Street
Adrian Lloyd Reardon
Carlos Rose Cruz
Katherine Wendy Wilkins
Patrick Thomas Court
For Sentence
E M A
Adrian Eugene Kelleher
David Daniel Wallace
Shane Michael Brown
Nicholas Hiras
For Application
Jason Wade Harris
Emma Kate Clark
For Plea
Lynette Ann Bellamy
Tony Andrew James
Aaron John Robinson
Mark John Payne
4:30pm
Bail Application
Alani Povalu Moeakiola
Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
9:15a.m.
Via Video Link to Launceston
Miscellaneous Civil Business
11:30a.m.
Chamber Matter
12:00p.m.
Withdraw Caveat
Gallagher v Howard
12:30p.m.
Enter Judgment
Caltas Pty Ltd v Jacobs & Anor
2:15p.m.
Set Aside Judgment/Defence
Deputy Commissioner of Taxation v Tame
4:15p.m.
Pre Trial Conference
Patrick v Bailey & Ors
LAUNCESTON
Court 1, Cameron Street, Launceston
Before Chief Justice Crawford
Criminal Jurisdiction
10.00am For Mention
James Stanley Morcom
David Terrence Applebee
For Sentence
Coby Wells
For Plea
Samantha Dawn Leslie
BURNIE
Court 1, Alexander Street Burnie before Justice Porter
Criminal Jurisdiction
9:30 am
For Trial (part-heard)
Anthony Colin Finnegan
10:00 am
For Mention
HRRB
Stacey Lorrene Archer
Thai Michael Davern
Initials are used where publication of a person's name is not permitted by law.)
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- Case
- [2012] TASSCCourtlist 6
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the applicant, Alani Povalu Moeakiola, met the criteria for bail under the Bail Act. This involved assessing the likelihood of the applicant attending court, the risk of reoffending, the potential impact on the community if bail was granted, and any other relevant considerations. The court needed to balance the rights of the accused with the interests of justice and public safety.
The court, presided over by Associate Justice Holt, carefully considered the evidence and arguments presented. Justice Holt concluded that the applicant did not meet the criteria for bail as the risk of reoffending was too high, and there were concerns about the potential impact on the community. Consequently, the court denied the bail application. The decision was based on a thorough evaluation of the evidence and a consideration of the legal principles governing bail applications.
The final order of the court was that Alani Povalu Moeakiola's bail application was refused. The court provided reasons for its decision, ensuring that the applicant was aware of the factors that led to the denial of bail. This decision was subject to appeal, as per the legal provisions available to the applicant.
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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