Secretary, Department of Planning, Industry and Environment v Auen Grain Pty Ltd; Merrywinebone Pty Ltd; Greentree; Harris [2019] NSWLEC 187

Secretary, Department of Planning, Industry and Environment v Auen Grain Pty Ltd; Merrywinebone Pty Ltd; Greentree; Harris [2019] NSWLEC 187

Because the 32 offences arose from the same set of circumstances and formed part of a series of offences of the same character, and because the Prosecutor's evidence and witnesses were substantially common across all matters, the interests of justice favoured a joint hearing. The only prejudice identified by Mr Harris and Merrywinebone Pty Ltd was the extra cost of a longer trial, which did not outweigh the substantial inconvenience and cost to the Prosecutor, witnesses and the Court of presenting the same evidence in separate hearings. Concerns about an early hearing date could be managed by prompt referral to hearing with appropriate directions.

Jurisdiction
Australia
Judgment Date
03 December 2019
Procedural Posture
Class 5 Prosecutions for Native Vegetation Clearing Offences / Procedural Ruling on the Prosecutor's Notices of Motion Seeking Orders That All 32 Matters Be Heard Together Under S 29(2) of the Criminal Procedure Act 1986
Outcome
The Prosecutor's notices of motion were granted and all 32 matters were ordered to be heard and determined together.
Legal Topics
['joint Hearing of Multiple Offences and Accused Persons' 'class 5 Prosecutions' 'unauthorised Clearing of Native Vegetation' 'interests of Justice Under S 29(3) of the Criminal Procedure Act 1986' 'landholder Evidentiary Provision']
['criminal Procedure' 'environmental Law' 'native Vegetation Regulation'] ['joint Hearing of Multiple Offences and Accused Persons' 'class 5 Prosecutions' 'unauthorised Clearing of Native Vegetation' 'interests of Justice Under S 29(3) of the Criminal Procedure Act 1986' 'landholder Evidentiary Provision']

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Procedural Posture

Class 5 Prosecutions for Native Vegetation Clearing Offences / Procedural Ruling on the Prosecutor's Notices of Motion Seeking Orders That All 32 Matters Be Heard Together Under S 29(2) of the Criminal Procedure Act 1986

Legal Issues

  1. 1 ['Whether the 32 proceedings against two individuals and two companies should be heard and determined together under s 29(2) of the Criminal Procedure Act 1986.' 'Whether the proceedings arose out of the same set of circumstances or formed part of a series of offences of the same or similar character.' 'Whether the interests of justice required the matters to be heard and determined separately under s 29(3) of the Criminal Procedure Act 1986.']

Ratio Decidendi

Because the 32 offences arose from the same set of circumstances and formed part of a series of offences of the same character, and because the Prosecutor's evidence and witnesses were substantially common across all matters, the interests of justice favoured a joint hearing. The only prejudice identified by Mr Harris and Merrywinebone Pty Ltd was the extra cost of a longer trial, which did not outweigh the substantial inconvenience and cost to the Prosecutor, witnesses and the Court of presenting the same evidence in separate hearings. Concerns about an early hearing date could be managed by prompt referral to hearing with appropriate directions.

Court Disposition

The Prosecutor's notices of motion were granted and all 32 matters were ordered to be heard and determined together.

Orders

  • ['Pursuant to s 29(2) of the Criminal Procedure Act 1986 (NSW), the matters involving Ronald Lewis Greentree and Auen Grain Pty Ltd (ACN 101 059 769), being matters 19/265266, 19/265270, 19/265274, 19/265278, 19/265282, 19/265286, 19/265290, 19/265294, 19/265264, 19/265268, 19/265272, 19/265276, 19/265280,...