Supreme Court of Tasmania Law Lists for Thursday, 29 October 2015

SUPREME COURT OF TASMANIA LAW LISTS FOR THURSDAY, 29 OCTOBER 2015

HOBART

Court 8, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m.
For Preliminary Proceedings Application
Sharon Louise Munnings

For Trial
Matthew James Linton
(Part-Heard)

1:00 p.m.
In Court as In Chambers
For Bail Application
Kevin Scott McIntosh
Beau Bell
Greg Prestage

4:15 p.m.
For Sentence via video-link to Court 2, Cameron Street, Launceston
Aaron Neil Cavallaro
Alexander James Bartels

4:30 p.m.
In Court as In Chambers
For Bail Application
Luke Basil Latham

Court 1, Salamanca Place, Hobart
Before Justice PEARCE
Civil Jurisdiction
10:00 a.m.
For Motion to Review
Sergeant Mick Allen
v
Christopher John Brown

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

12:00 p.m.
For Hearing
In the matter of a Decision of Steven Paul Bishop in his
capacity as a member of the Anti-Discrimination Tribunal

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice PORTER
Criminal Jurisdiction
10:00am For Plea
Adrian Connor Bailey

In Court as In Chambers
10:00am For Bail Application
Thomas James Aliano

In Chambers
4:15pm For Telephone Directions Hearing
David Ronald Morgan

Court 2, Cameron Street, Launceston

Before Justice WOOD
Criminal Jurisdiction
4:15pm For Sentence via video-link from Court 8, Salamanca Place, Hobart
Aaron Neil Cavallaro
Alexander James Bartels

BURNIE
Court 1, Alexander Street, Burnie before Justice Estcourt
Criminal Jurisdiction

In Court as in Chambers
9:30 a.m.
For Bail Application
Shaun Anthony Dennison

In Court
10:00 a.m.
For Mention via Video-Link to Risdon Prison Complex
Craig Douglas Duniam

For Preliminary Proceedings Application
Paivi Irmeli Basham

For Sentence
Justin Michael Streets
Timothy Robin Streets

For Application for Breach of Suspended Sentence
Justin Roy John Roughley

For Plea
Christopher Luke Finn

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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, 29 October 2015, various proceedings were scheduled in the Supreme Court of Tasmania, including criminal and civil matters. Notable entries include preliminary proceedings involving Sharon Louise Munnings and Matthew James Linton, a trial for Kevin Scott McIntosh, Beau Bell, and Greg Prestage, and sentencing for Aaron Neil Cavallaro and Alexander James Bartels via video-link from Launceston. In the civil jurisdiction, Associate Justice Holt presided over a motion to review a decision by Sergeant Mick Allen against Christopher John Brown. Additionally, Launceston hosted several criminal proceedings, including plea hearings and bail applications, while Burnie had bail applications and mentions scheduled.

The legal issues in these proceedings encompassed a wide range of matters, including the admissibility of evidence in preliminary hearings, bail applications, and sentencing considerations. In criminal cases, the court needed to assess whether the prosecution had sufficient evidence to proceed to trial and whether the accused should be granted bail pending their trial. For civil matters, the court had to determine the validity of a decision by the Anti-Discrimination Tribunal, focusing on whether procedural fairness was observed and whether the decision was supported by the evidence.

Justice Wood, presiding over the criminal proceedings in Hobart, focused on the procedural aspects of the cases, ensuring that all legal standards were met in the handling of the accused. The court meticulously reviewed the evidence presented, the rights of the accused, and the potential impact of bail decisions on both the accused and the community. For the sentencing of Cavallaro and Bartels, Justice Wood considered the gravity of the offences, the circumstances surrounding them, and the principles of justice in imposing penalties. In Launceston, Justice Porter addressed the criminal cases, similarly focusing on the admissibility of evidence and the rights of the accused in bail applications.

The court's outcomes varied based on the nature of each case. In bail applications, the court considered the risk of flight, the likelihood of reoffending, and the safety of the community. Sentences were determined based on the severity of the crimes, the culpability of the offenders, and the need for deterrence and rehabilitation. The court's decisions in civil matters, particularly the review of the Anti-Discrimination Tribunal's decision, aimed to ensure fairness and adherence to legal standards in administrative processes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established