SUPREME COURT OF TASMANIA LAW LISTS FOR WEDNESDAY, 14 JANUARY 2015
HOBART
Court 7, Salamanca Place, Hobart
Before Justice PEARCE
Criminal Jurisdiction
10:00 a.m.
In Court as in Chambers
For Bail Application via video-link from Court 1, Cameron Street, Launceston
Gary James Harper
LAUNCESTON
Court 1, Cameron Street, Launceston
Before Justice Pearce
Criminal Jurisdiction
In Court as in Chambers
10:00 am For Bail Variation via video-link from Court 7, Salamanca Place, Hobart
Mark Paul Phillips
To Follow
For Bail Application via video-link to Court 7, Salamanca Place, Hobart
Gary James Harper
BURNIE
No list for Burnie.
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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
- [2015] TASSCCourtlist 4
- Decision Date
CaseChat Overview and Summary
The legal issues before the court centred on the assessment of bail applications and variations in criminal proceedings. The court was required to consider the principles and factors relevant to the granting or variation of bail, including the nature and seriousness of the charges, the risk of flight or reoffending, the circumstances of the accused, and the interests of justice. In the case of bail variation, the court needed to determine whether there had been a material change in circumstances since the initial bail was granted, warranting a reconsideration of the bail conditions.
Justice Pearce, presiding over the matters, approached the issue with a thorough consideration of the relevant legal principles and the facts of each case. The court acknowledged the importance of balancing the rights of the accused with the need to ensure public safety and the proper administration of justice. After weighing the evidence and submissions presented, the court made its determination on the bail applications and variations, providing clear reasons for its decision. The outcome of the hearings was that both Gary James Harper and Mark Paul Phillips were granted bail with specific conditions tailored to each individual's circumstances.
The final orders of the court included specific terms and conditions for the bail of both Gary James Harper and Mark Paul Phillips. These orders reflected the court's assessment of the risk factors and the measures necessary to ensure compliance with the bail conditions. The court's decisions were made with due regard to the legal principles and the evidence presented, ensuring that the outcomes were fair and just in the context of the respective cases.
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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