Supreme Court of Tasmania Law Lists for Tuesday, 18 November 2014

Case [2014] TASSCCourtlist 247


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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Details
AGLC
Supreme Court of Tasmania Law Lists for Tuesday, 18 November 2014 [2014] TASSCCourtlist 247
Case
[2014] TASSCCourtlist 247
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Tasmania, Justice Porter presided over several criminal cases, including mentions for Bevin Irwin Swan, Rodney McCrae, and Ricky John Izard, and a bail consent for Emma Joan Swan and Adam Savill. Justice Wood heard a plea from Craig Jeffrey Field and presided over the trial of Alissa Margaret Moore and Mark Andrew Jenkins. Associate Justice Holt heard a civil case involving Constable Shane Alan Biddle versus Mark Andrew Hayward. In Launceston, Justice Pearce presided over a criminal trial of Adrian John Hall and mentioned the case of Zannon Tony Howard via video link. In Burnie, Justice Tennent dealt with the trial of Jason Noel Rowe and the plea of Christopher Luke Finn. Additionally, Justice Wood heard the sentencing of Dylan Ray Webb via video link from Hobart.

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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