Inspector Wade v John Holland Rail Pty Ltd (No 2) [2011] NSWIRComm 81

Inspector Wade v John Holland Rail Pty Ltd (No 2) [2011] NSWIRComm 81

There is no jurisdictional issue arising under s 5AE of the Criminal Appeal Act 1912 on the facts of these proceedings. The charges included sufficient particulars and leave to amend was granted on conventional grounds, so the questions sought to be referred do not arise for determination. Section 107 OHS Act does not preclude the amendments in these circumstances, as it is a discretionary issue for the trial judge, not a jurisdictional bar. Accordingly, the application to refer questions of law to the Full Bench is refused.

Parties
Prosecutor: Inspector Paul Wade; First Defendant: John Holland Rail Pty Ltd; Second Defendant: John Holland Pty Ltd
Jurisdiction
Australia
Judgment Date
24 June 2011
Procedural Posture
Interlocutory Application / Application for Referral of Questions of Law to Full Bench; Post Amendment, Pre Plea
Outcome
Application for referral of questions of law refused.
Legal Topics
Referral of Questions of Law, Amendment of Charges, Jurisdictional Error, Time Limits for Prosecution, Sufficiency of Particulars
Occupational Health and Safety Criminal Procedure Industrial Relations Referral of Questions of Law Amendment of Charges Jurisdictional Error Time Limits for Prosecution Sufficiency of Particulars

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Parties

Inspector Paul Wade

Prosecutor

John Holland Rail Pty Ltd

First Defendant

John Holland Pty Ltd

Second Defendant

Procedural Posture

Interlocutory Application / Application for Referral of Questions of Law to Full Bench; Post Amendment, Pre Plea

Legal Issues

  1. 1 Whether questions of law should be referred to the Full Bench under s 5AE Criminal Appeal Act 1912 and s 196 Industrial Relations Act 1996
  2. 2 Whether sufficiency of particulars and amendment of charges raise jurisdictional error
  3. 3 Whether s 107 of the Occupational Health and Safety Act 2000 precludes amendment of charges out of time

Ratio Decidendi

There is no jurisdictional issue arising under s 5AE of the Criminal Appeal Act 1912 on the facts of these proceedings. The charges included sufficient particulars and leave to amend was granted on conventional grounds, so the questions sought to be referred do not arise for determination. Section 107 OHS Act does not preclude the amendments in these circumstances, as it is a discretionary issue for the trial judge, not a jurisdictional bar. Accordingly, the application to refer questions of law to the Full Bench is refused.

Court Disposition

Application for referral of questions of law refused.

Orders

  • No issue arises at or in reference to these proceedings within the meaning of s 5AE of the Criminal Appeal Act. Discretion not exercised to refer questions of law to a Full Bench.
  • Question of costs reserved.