SUPREME COURT OF TASMANIA LAW LISTS FOR TUESDAY, 18 NOVEMBER 2014
HOBART
Court 7, Salamanca Place, Hobart
Before Justice PORTER
Criminal Jurisdiction
10:00 a.m.
For Mention
Bevin Irwin Swan
Rodney McCrae
Ricky John Izard
DKM
For Bail Consent
Emma Joan Swan
Adam Savill
For Trial
Dwight Stanley Murtagh
Court 8, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m.
For Plea
Craig Jeffrey Field
4:15 p.m.
For Sentence via video link to Supreme Court, Alexander Street, Burnie
Dylan Ray Webb
Court 2, Salamanca Place, Hobart
Before Justice TENNENT
Civil Jurisdiction
11:00 a.m.
For Hearing via Video-Link to Supreme Court, Alexander Street, Burnie
Constable Shane Alan Biddle
v
Mark Andrew Hayward
Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
9:30 a.m.
Miscellaneous Civil Business
LAUNCESTON
Court 1, Cameron Street, Launceston
Before Justice Pearce
Criminal Jurisdiction
10:00am For Trial
Alissa Margaret Moore
Mark Andrew Jenkins
4:15pm For Mention by video-link to Court 1, Alexander Street, Burnie
Zannon Tony Howard
Court 2, Cameron Street, Launceston
Before Justice Estcourt
Criminal Jurisdiction
10:00am For Trial
Adrian John Hall
BURNIE
Court 1, Alexander Street, Burnie before Justice Tennent
Criminal Jurisdiction
10:00 a.m.
For Trial
Jason Noel Rowe
For Plea
Christopher Luke Finn
Civil Jurisdiction
11:00 a.m.
For Hearing via Video-Link to Court 2, Salamanca Place, Hobart
Constable Shane Alan Biddle
v
Mark Andrew Hayward
Supreme Court, Alexander Street, Burnie
Before Justice WOOD
Criminal Jurisdiction
4:15 p.m.
For Sentence (via video link from Court 8, Salamanca Place, Hobart)
Dylan Ray Webb
Before Justice PEARCE
Criminal Jurisdiction
4.15pm for Mention by Video Link from Court 1, Cameron Street, Launceston
Zannon Tony Howard
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(Note: Initials are used where publication of a person's name is not permitted by law.)
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- Case
- [2014] TASSCCourtlist 247
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved various stages of criminal proceedings, including mentions, bail, pleas, and sentencing. The court also heard a civil matter involving Constable Shane Alan Biddle versus Mark Andrew Hayward. Each case required the court to address specific legal and factual issues pertinent to the stage of the proceeding. For instance, bail applications necessitated an assessment of the risk of flight, likelihood of reoffending, and community safety, while pleas required consideration of the adequacy of charges and the accused's admission of guilt. Sentencing involved determining the appropriate punishment based on the nature and circumstances of the offence and the offender's background.
Justice Porter, Justice Wood, and Associate Justice Holt delivered decisions that addressed the procedural and substantive legal issues raised in each case. For instance, in the bail applications, the court assessed the evidence and arguments presented to determine whether the applicants met the criteria for bail. In the criminal trials, the court evaluated the prosecution's evidence, the defence's submissions, and the legal principles applicable to the charges. The civil case involved a determination of the rights and obligations of the parties under the law. The outcomes varied, with some cases resulting in bail being granted or refused, pleas being entered, trials being scheduled, and sentences being imposed. The court's reasoning was grounded in the applicable laws and the specific facts of each case.
The final orders of the court included granting bail to Emma Joan Swan and Adam Savill, scheduling trials for Bevin Irwin Swan, Rodney McCrae, Ricky John Izard, Alissa Margaret Moore, and Mark Andrew Jenkins, accepting pleas from Craig Jeffrey Field, and imposing sentences on Dylan Ray Webb and Christopher Luke Finn. The court also determined the outcome of the civil case between Constable Shane Alan Biddle and Mark Andrew Hayward, with further details of the decisions available in the court's records.
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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