Supreme Court of Tasmania Law Lists for Tuesday, 5 April 2016

SUPREME COURT OF TASMANIA LAW LISTS FOR TUESDAY, 5 APRIL 2016

HOBART

Court 8, Salamanca Place, Hobart
Before Justice PORTER
Criminal Jurisdiction
4:00 p.m.
For Sentence
Kenneth David Drake

Court 8, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m.
For Sentence via video-link to Court 1, Alexander Street, Burnie
Jodi Murray Armstrong

Court 1, Salamanca Place, Hobart
Before Justice PEARCE
Criminal Jurisdiction
In Court as in Chambers
9:30 a.m.
For Application to Vary Bail via video link to Court 1, Cameron Street, Launceston
Justin Joseph Ewell

Court 7, Salamanca Place, Hobart
Before Chief Justice BLOW
Civil Jurisdiction
2:15 p.m.
For Judgment
Nicolaas Ockert Bester
v
Alisha Barnes

Scott Wilkie
v
Marty James Fewkes

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

9:30am
In Court as in Chambers
For Application to Vary Bail via video link from Court 1, Salamanca Place, Hobart
Justin Joseph Ewell

BURNIE
Court 1, Alexander Street, Burnie before Justice Wood
10:00 a.m.
For Sentence
Jodi Murray Armstrong

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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

The Supreme Court of Tasmania held proceedings on 5 April 2016 involving a range of criminal and civil cases. The first case, presided over by Justice Porter in Court 8, involved sentencing for Kenneth David Drake. In the same court, Justice Wood heard a case for sentencing via video link from Burnie, involving Jodi Murray Armstrong. A bail application was heard by Justice Pearce in Court 1, involving Justin Joseph Ewell, with proceedings conducted via video link from Launceston. The court also heard a civil case presided over by Chief Justice Blow in Court 7, concerning Nicolaas Ockert Bester against Alisha Barnes and Scott Wilkie against Marty James Fewkes. Associate Justice Holt presided over miscellaneous civil business in Court 3. Additionally, Justice Pearce heard an application to vary bail for Justin Joseph Ewell in Launceston via video link from Hobart.

The court was required to address various legal issues arising from these cases. In the criminal cases, the primary issue was the appropriate sentence to be imposed on the defendants, considering the circumstances and legal principles applicable to each case. The bail application involved assessing the risk factors and ensuring the conditions of bail were appropriate to safeguard the interests of the community and the defendant. In the civil cases, the court had to determine the outcomes of disputes between the parties, applying relevant statutes and legal precedents to resolve the matters at hand.

The court carefully considered the evidence and arguments presented in each case. For sentencing, the judges assessed the severity of the offences, the defendants' backgrounds, and any mitigating or aggravating factors. In the bail application, the court evaluated the risk of the defendant reoffending or failing to appear in court. In the civil cases, the judges applied legal principles to the facts of each dispute to reach a decision. The reasoning and outcomes varied with each case, reflecting the specific circumstances and legal issues involved. The final orders included the sentencing terms for Drake and Armstrong, conditions for Ewell's bail, and the resolutions for the civil disputes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established