Supreme Court of Tasmania Law Lists for Wednesday, 14 March 2012

Case [2012] TASSCCourtlist 39


SUPREME COURT OF TASMANIA LAW LISTS FOR WEDNESDAY, 14 MARCH 2012

HOBART
Court 7, Salamanca Place, Hobart
Before Justice EVANS
Criminal Jurisdiction
10:00 a.m.      
For Trial
JJBV

Court 7, Salamanca Place, Hobart
Before Justice BLOW
Criminal Jurisdiction
4:15 p.m.
For Sentence
Sonny Day

Court 8, Salamanca Place, Hobart
Before Justice TENNENT
Criminal Jurisdiction
4:15p.m.
Via Video Link from Court 1, Supreme Court, Burnie
For Application 
Gavin Raymond McIntosh
v
The State of Tasmania
(Part Heard)

Court 8, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m.  
For Hearing
TCT

4:00 p.m.  
Application under Sentencing Act 1997
Gavin Raymond McIntosh

Court 1, Salamanca Place, Hobart
Before Justice BLOW
Civil Jurisdiction
10:00 a.m.
For Hearing
Robert John Foster
v
Geoffrey Lyndon Archer
(Part Heard)

Court 3,Salamanca Place, Hobart
Before Justice PORTER
Civil Jurisdiction
9.30 a.m. 
Application via Video Link to Court 2, Supreme Court, Launceston
Chamber matter

4.00 p.m. 
In Chambers 
Directions Hearing by Telephone
L W Gibson & Ors
v
The Resource Management and Planning Appeal Tribunal 

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction 
10:00 a.m.

Third Party Application

Storey’s Maintenance Services Pty Ltd

v

Johnson & Anor

2:15 p.m.

Discovery

Bolton

v

Koehne & Anor

4:00 p.m.

Directions Hearing by Telephone

Ballard

v

Ma and Zhao

4:15 p.m.

Pre Trial Conference by Telephone

Lawton

v

Wills

4:30 p.m.

Costs Application by Telephone

French

v

McKenna

LAUNCESTON

Court 1, Cameron Street, Launceston

Before Chief Justice Crawford

Criminal Jurisdiction
10.00am For Mention
Rebecca Therese Tilbury
Christopher Charles Johnson
Christopher John Humphreys

For Trial
MAJ

Court 2, Cameron Street, Launceston
Before Justice Porter

Civil Jurisdiction
In Court As In Chambers

9.30am For Application by video-link to Court 3, Supreme Court, Salamanca Place, Hobart
Chamber matter

BURNIE
Court 1, Alexander Street Burnie
Before Justice TENNENT
Criminal Jurisdiction
10.00 am
For Trial
Anthony Colin Finnegan

4.15 pm
Before Justice TENNENT
Criminal Jurisdiction
Via video link to Court 8, Supreme Court, Hobart
For Application
Gavin Raymond McIntosh
V
The State of Tasmania
(part heard)

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Supreme Court of Tasmania Law Lists for Wednesday, 14 March 2012 [2012] TASSCCourtlist 39
Case
[2012] TASSCCourtlist 39
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Tasmania, a case was heard on 14 March 2012, involving Gavin Raymond McIntosh as the applicant against the State of Tasmania. The matter was presided over by Justice Blow in the criminal jurisdiction. The case revolved around an application under the Sentencing Act 1997. McIntosh had filed an application seeking relief related to his sentencing, and the court was tasked with determining the validity and merits of this application.

The primary legal issue before the court was whether McIntosh's application under the Sentencing Act 1997 had merit and whether it warranted any form of judicial intervention or relief. The court needed to consider the legal grounds presented by McIntosh and whether they were sufficient to warrant a review or alteration of his sentence. The court also needed to assess if there were any procedural errors in the sentencing process that could be rectified.

Justice Blow, after reviewing the submissions and evidence presented, concluded that McIntosh's application did not present sufficient grounds for the court to intervene in his sentencing. The court found that the legal arguments put forth by McIntosh did not meet the threshold for relief under the Sentencing Act 1997. Consequently, the application was dismissed, and no further action was taken regarding McIntosh's sentence.

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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