Commonwealth Director of Public Prosecutions v Sims E-Recycling Pty Ltd [2018] NSWSC 1907

Commonwealth Director of Public Prosecutions v Sims E-Recycling Pty Ltd [2018] NSWSC 1907

It is permissible for the Crown to prefer one count per export voyage and rely upon more than one breach of the particulars of the permit to establish negligent conduct constituting an offence; the orders of the Local Court holding these counts bad for duplicity were made in error as the approach taken was consistent with principles applicable to 'rolled-up' charges and continuous criminal conduct.

Jurisdiction
Australia
Judgment Date
11 December 2018
Procedural Posture
Appeal From Local Court Interlocutory Orders / Leave to Appeal; Appellate Determination
Outcome
Leave to appeal granted; Local Court orders set aside; matter remitted for hearing; costs in favour of plaintiff.
Legal Topics
['duplicity in Charges' 'rolled Up Charges' 'hazardous Waste Export' 'fairness to Defendant']
['criminal Law' 'environmental Law'] ['duplicity in Charges' 'rolled Up Charges' 'hazardous Waste Export' 'fairness to Defendant']

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Procedural Posture

Appeal From Local Court Interlocutory Orders / Leave to Appeal; Appellate Determination

Legal Issues

  1. 1 ['Whether charges are bad for duplicity' 'Whether rolled-up charges are permissible under hazardous waste legislation' 'Whether framing more than one alleged breach per export is unfair to the defendant']

Ratio Decidendi

It is permissible for the Crown to prefer one count per export voyage and rely upon more than one breach of the particulars of the permit to establish negligent conduct constituting an offence; the orders of the Local Court holding these counts bad for duplicity were made in error as the approach taken was consistent with principles applicable to 'rolled-up' charges and continuous criminal conduct.

Court Disposition

Leave to appeal granted; Local Court orders set aside; matter remitted for hearing; costs in favour of plaintiff.

Orders

  • ['Leave is granted to the plaintiff pursuant to s 57(1) of the Crimes (Appeal and Review) Act 2001 (NSW) to appeal against the interlocutory orders made by the Local Court on 12 July 2018.' 'The orders of the Local Court holding sequences 2 and 3 bad for duplicity are set aside, pursuant to s 59(2)(a) of the Crimes...