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SAPOL Incarceration Torts

Writer: Marcia HOBBSMarcia HOBBS

CERTIFICATE OF RECORD

 

Court of Origin Magistrates Court of South Australia


POLITICAL PRISONER #192703
POLITICAL PRISONER #192703

 

Court File Number:     MCCRM-24-029136

Informant:       Commissioner of Police

Defendant 1: MARCIA ANITA HOBBS

DOB:   25 April 1984

Address:           ********** RD, ************, SA, 5***

 

Date and Time of Issue  24 Feb 2025 09:12 AM

Details of Offences (as of 24th day of February 2025)

1-4 Basic-not Programs-contravene Intervention Order-2 Or More

5-11  Basic-not Programs-contravene Intervention Order-2 Or More

 

 

I, the undersigned, Registrar of the Magistrates Court of South Australia, an officer having the custody of the records of the said court, DO HEREBY CERTIFY that the abovementioned MARCIA ANITA HOBBS was dealt with as follows:

 



26 Jul 2024 4:00 PM Hearing Adelaide / Courtroom 2

Presiding Officer: Auxiliary Magistrate Metanomski

For Informant: - Represented by APP J SMITH in person Defendant 1 in custody via AVL - Represented by Mr. A Fornarino in person 

Counts 1-4 No Plea

Count(s) 1-4

Application for bail.  All forms of bail opposed.

Count(s) 1-4

Future Hearing

4.         The Defendant be remanded for Hearing to 01/08/2024 at 11:30 AM at Adelaide Magistrates Court by AVL. Reason - For Court-Ordered Report.

Count(s) 1-4

Bail Application Adjourned

1.         The application for bail be adjourned.

Count(s) 1-4

Warrant of Remand

2.         A warrant of remand be issued. The Defendant is remanded to a correctional institution under the control of the Minister for Correctional Services.

Count(s) 1-4

Order For Reports

3.         A written Bail Enquiry (Home Detention) Report be provided in relation to premises

************************ 5*** SA, To be provided by solicitor, to be provided by solicitor. Required by: 01/08/2024

 

01 Aug 2024 11:30 AM Hearing Adelaide / Courtroom 22

Presiding Officer: Magistrate Millard

For Informant: - Represented by APP P. KENNEDY in person for SAPOLDefendant 1 in custody via AVL - Represented by Mr. A Fornarino in person 

Counts 1-4 No Plea

Count(s) 1-4

Bail Refused

1.         The Defendant's application for bail is refused. In refusing bail, the offence/s set out in the Information was/were taken into consideration.

            1.         Not prepared to grant bail to reside where directed in absence of a suitable address. 

Count(s) 1-4

Warrant of Remand

2.         A warrant of remand be issued. The Defendant is remanded to a correctional institution under the control of the Minister for Correctional Services.

Count(s) 1-4

Future Hearing

3.         The Defendant be remanded for Pre Trial-Conference to 17/09/2024 at 11:30 AM at Adelaide Magistrates Court by AVL. Reason - For Pretrial Conference.

Count(s) 1-4

Application for simple bail. Prosecution opposed. Bail refused. Liberty to apply if a suitable address is located. 

 

10 Sep 2024 11:30 AM Bail Hearing Adelaide / Courtroom 22

Presiding Officer: Magistrate Sale

For Informant: - Represented by APP. C Batten in person Defendant 1 in custody via AVL - Represented by Ms. K Budzynski in person 

Counts 1-4 No Plea

Count(s) 1-4

Warrant of Remand

1.         A warrant of remand be issued. The Defendant is remanded to a correctional institution under the control of the Minister for Correctional Services.

Count(s) 1-4

Bail Application Adjourned

2.         The application for bail be adjourned.

Count(s) 1-4

Bail application; prosecution silent; bail application adjourned for order of report. Part heard before Magistrate Sale. 

Count(s) 1-4

Future Hearing

3.         The Defendant be remanded for Bail Hearing to 13/09/2024 at 12:00 PM at Adelaide Magistrates Court by AVL. Reason - For Court-Ordered Report.

Count(s) 1-4

Order For Reports

4.         A written Bail Enquiry (Home Detention) Report be provided in relation to premises

***************; 5*** SA, R*** P********. Required by: 13/09/2024

 

13 Sep 2024 12:00 PM Bail Hearing Adelaide / Courtroom 2

Presiding Officer: Magistrate Sale

For Informant: - Represented by APP J Sleuter in person for SAPOL Defendant 1 in custody via AVL - Represented by Ms. R Regester in person 

Counts 1-4 No Plea

Count(s) 1-4

The Court notes that that the application for bail is withdrawn.

Count(s) 1-4

Ongoing application for bail. Report returned. Address not suitable. Application withdrawn. 

Count(s) 1-4

Warrant of Remand

2.         A warrant of remand be issued. The Defendant is remanded to a correctional institution under the control of the Minister for Correctional Services.

Count(s) 1-4

List on Scheduled Date

1.         The matter be Remanded to the previously scheduled date of 17/09/2024 at 11:30 AM for Pre Trial Conference in AMC15

 

17 Sep 2024 11:30 AM Pre Trial Conference Adelaide / Courtroom 15

Presiding Officer: Chief Magistrate Hribal

For Informant: APP S Taggart in person Defendant 1 in custody via AVL - Represented by Ms. R Regester in person 

Counts 1-4 No Plea

Count(s) 1-4

Matter remains contested and is returned to Port Adelaide Magistrates Court for PTC.  This is not a family violence matter.

Count(s) 1-4

Future Hearing

1.         The Defendant be remanded for Pre Trial Conference to 11/10/2024 at 02:15 PM at Port Adelaide Magistrates Court by AVL. Reason - For Pretrial Conference.

Count(s) 1-4

It is noted that there is no application for bail.

Count(s) 1-4

Warrant of Remand

2.         A warrant of remand be issued. The Defendant is remanded to a correctional institution under the control of the Minister for Correctional Services.

 

23 Sep 2024 10:00 AM Bail Hearing Port Adelaide Magistrates Court / Courtroom 2

Presiding Officer: Magistrate Pandya

For Informant: - Represented by Ms L Carapanayiotis in person Defendant 1 in custody via AVL - Represented by Ms. C Traeger in person 

Counts 1-4 No Plea

Count(s) 1-4

Application for bail - Opposed.   Court indicates that if home detention bail is available at the ********** address, court will grant home detention with clauses to comply with intervention order.  Not Part Heard

Count(s) 1-4

Warrant of Remand

1.         A warrant of remand be issued. The Defendant is remanded to a correctional institution under the control of the Minister for Correctional Services.

Count(s) 1-4

Order For Reports

2.         A written Bail Enquiry (Home Detention) Report be provided in relation to premises ***************; 5*** SA, R*** P********.

Suitability of residence Required by: 27/09/2024

Count(s) 1-4

Future Hearing

3.         The Defendant be remanded for Bail Hearing to 27/09/2024 at 11:00 AM at Port Adelaide Magistrates Court by AVL. Reason - For Court-Ordered Report.

Count(s) 1-4

Bail Application Adjourned

4.         The application for bail be adjourned.

 

27 Sep 2024 11:00 AM Bail Hearing Port Adelaide Magistrates Court / Courtroom 2

Presiding Officer: Magistrate Semmens

For Informant: - Represented by APP N Gregson in person Defendant 1 in custody via AVL - Represented by Mr C Bruce in person 

Counts 1-4 No Plea

Count(s) 1-4

Bail Application Adjourned

            2.         The application for bail be adjourned.

Count(s) 1-4

Order For Reports

            1.         A written Bail Enquiry (Home Detention) Report be provided.

HH reorders report

***************; 5*** SA, R*** P********. Required by: 03/10/2024

Count(s) 1-4

Future Hearing

3.         The Defendant be remanded for Bail Hearing to 03/10/2024 at 10:30 AM at Port Adelaide Magistrates Court by AVL. Reason - For Court-Ordered Report.

Count(s) 1-4

prosecution remain opposed to all forms of bail HH has indicated if report is suitable defendant will be released on HD bail

Count(s) 1-4

Warrant of Remand

4.         A warrant of remand be issued. The Defendant is remanded to a correctional institution under the control of the Minister for Correctional Services.

 

03 Oct 2024 10:30 AM Bail Hearing Port Adelaide Magistrates Court / Courtroom 2

Presiding Officer: Magistrate Semmens

For Informant: - Represented by Ms L Carapanayiotis in person Defendant 1 in custody via AVL - Represented by Mr C Bruce in person 

Counts 1-4 No Plea

Count(s) 1-4

Bail Refused

1.         The Defendant's application for bail is refused. In refusing bail, the offence/s set out in the Information was/were taken into consideration.

1.         Protection of the protected person is paramount.

2.         Risk of reoffending.

Count(s) 1-4

Warrant of Remand

2.         A warrant of remand be issued. The Defendant is remanded to a correctional institution under the control of the Minister for Correctional Services.

Count(s) 1-4

List on Scheduled Date

3.         The matter be Remanded to the previously scheduled date of 11/10/2024 at 02:15 PM for Pre Trial Conference in PAD2

 

11 Oct 2024 2:15 PM Pre Trial Conference Port Adelaide Magistrates Court / Courtroom 2

Presiding Officer: Magistrate Sale

For Informant: - Represented by App Randle in person Defendant 1 in custody via AVL - Represented by Ms. C Traeger in person 

Counts 1-4 No Plea

Count(s) 1-4

Future Hearing

1.         The Defendant be remanded for Trial to 21/11/2024 at 09:30 AM at Port Adelaide Magistrates Court. Reason - For Trial. 1 days.

Count(s) 1-4

Direction to Registry

2.         Registrar to:  Defendant must be brought to court - trial

Count(s) 1-4

It is noted that there is no application for bail.

Count(s) 1-4

Warrant of Remand

3.         A warrant of remand be issued. The Defendant is remanded to a correctional institution under the control of the Minister for Correctional Services.

 

04 Nov 2024 11:30 AM Hearing Port Adelaide Magistrates Court / Courtroom 2

Rescheduled from: 21 Nov 2024 9:30 AM Trial Port Adelaide Magistrates Court / Port Adelaide Magistrates Court Presiding Officer: Magistrate Pandya

For Informant: - Represented by App Randle in person Defendant 1 in custody via AVL - Represented by Mr. J Richards in person 

Counts 1-11      No Plea

Count(s) 1-11

Order Granting Leave to Withdraw from Acting

1.         Mr Bruce / Carter and Co is granted leave to withdraw from acting.

Count(s) 1-11

Application for bail - Opposed.   Negs unsuccessful.   Trial date of 21 November 2024 vacated and relisted due to police witness being unavailable.  

Count (s) 1 – 11

Bail refused

2.         The Defendant's application for bail is refused. In refusing bail, the offence/s set out in the Information was/were taken into consideration.

1.         Bail refused, all forms;  risk of re-offending, risk of breaching bail and protection of the two alleged victims.

Count(s) 1-11

Warrant of Remand

3.         A warrant of remand be issued. The Defendant is remanded to a correctional institution under the control of the Minister for Correctional Services.

Count(s) 1-11

Future Hearing

4.         The Defendant be remanded for Trial to 03/12/2024 at 09:30 AM at Port Adelaide Magistrates Court. Reason - For Trial. 1 days.

Count(s) 1-11

Direction to Registry

5.         Registrar to:  Defendant to be brought to court on next occasion as matter is a trial

 

03 Dec 2024 9:30 AM Trial Port Adelaide Magistrates Court / Courtroom 1

Presiding Officer: Magistrate Bennett

For Informant: - Represented by APP A Randle in person Defendant 1 in person - Represented by Mr. J Richards in person Notes: Defendant appears in person from custody

Counts 1-11      No Plea

Count(s) 1-5, 7-8, 10-11

Withdrawn

1.         The court permits the matter to be withdrawn.  Prosecution withdraw the charges.

Count(s) 6, 9

Trial Commences  

Count(s) 6, 9

Future Hearing

2.         The matter is adjourned for Sentence to 04/12/2024 at 12:00 PM at Port Adelaide Magistrates Court. Reason - For Sentence.

Count(s) 6, 9

Trial commences and concludes. His Honour reserved judgement - to be handed down on 4 December.

DEFENDANT TO BE BROUGHT TO COURT ON 4/12. 

Count(s) 6, 9

Judgment Reserved

3.         The Court reserves judgment.

Count(s) 6, 9

Warrant of Remand

4.         A warrant of remand be issued. The Defendant is remanded to a correctional institution under the control of the Minister for Correctional Services.

 

04 Dec 2024 12:00 PM Sentence Port Adelaide Magistrates Court / Courtroom 1

Presiding Officer: Magistrate Bennett

For Informant: - Represented by APP A Randle in person Defendant 1 in person - Represented by Ms. H Anderson in person o/i of Mr Richards Notes: Defendant appears in person from custody.

Counts 6, 9 Guilty         Convicted

Count(s) 6, 9

The magistrate found the Defendant Guilty.

Count(s) 6, 9

Reserved Judgment Delivered

1.         The court delivers the judgment which was reserved on 03/12/2024.

Count(s) 6, 9

Discharged Without Penalty - Time Spent in Custody

2.         Pursuant to section 23(2)(d) of the Sentencing Act the Defendant be discharged without further penalty. 4 months and 10 days spent in custody taken into account.

Count(s) 6, 9

 

Costs

3.         Court fees:

The court fees are waived.

Levy:

The Defendant is liable to pay the following victims of crime levy: $874.00.

Prosecution:

The costs of the Informant is waived.

His Honour declines to order the Prosecution costs.

 

Registrar

24/02/2025

 
 
 

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