Ku-ring-gai Council v Abroon [2010] NSWLEC 176
The interests of justice and fairness to the defendant require vacating the sentence hearing date to allow proper preparation and subpoena of evidence relevant to the disputed facts, which may materially affect the penalty to be imposed.
- Parties
- Prosecutor: Ku-ring-gai Council; Defendant: Abbas Abroon
- Jurisdiction
- Australia
- Judgment Date
- 21 September 2010
- Procedural Posture
- Criminal Prosecution / Application to Vacate Sentence Hearing; Pre Sentence
- Outcome
- hearing date vacated; preparatory orders made; costs reserved
- Legal Topics
- Vacation of Hearing Date, Sentencing Procedure, Breach of Development Consent, Evidence Filing Deadlines
Case Brief
Summary, issues, holding and outcome
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Parties
Ku-ring-gai Council
Prosecutor
Abbas Abroon
Defendant
Procedural Posture
Criminal Prosecution / Application to Vacate Sentence Hearing; Pre Sentence
Legal Issues
- 1 Whether the sentence hearing date should be vacated
- 2 Effect of late filing of defence evidence on hearing schedule
- 3 Whether disputed facts require further evidence/subpoena before sentencing
Ratio Decidendi
The interests of justice and fairness to the defendant require vacating the sentence hearing date to allow proper preparation and subpoena of evidence relevant to the disputed facts, which may materially affect the penalty to be imposed.
Court Disposition
hearing date vacated; preparatory orders made; costs reserved
Orders
- Vacate hearing date fixed for 22 September 2010.
- List matter before the Registrar on 24 September 2010 to fix a hearing date after 8 October 2010.
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