Sutherland Shire Council v Benedict Industries Pty Ltd (No 7) [2015] NSWLEC 184

Sutherland Shire Council v Benedict Industries Pty Ltd (No 7) [2015] NSWLEC 184

Leave should be granted because the evidence in the third Hopwood affidavit is central to the prosecution, there is no demonstrated prejudice to the defendant, the lateness is due to mistake rather than intentional delay, the evidence is limited and not complex, and refusal would significantly prejudice the prosecutor's case.

Parties
Prosecutor: Sutherland Shire Council; Defendant: Benedict Industries Pty Ltd
Jurisdiction
Australia
Judgment Date
27 November 2015
Procedural Posture
Criminal (environmental Offence) / Application for Leave to Adduce Further Evidence During Prosecutor's Case
Outcome
Leave granted to prosecutor to rely on additional affidavit evidence.
Legal Topics
Case Management, Leave to Adduce Evidence, Preliminary Disclosure Requirements
Environmental Law Criminal Procedure Case Management Leave to Adduce Evidence Preliminary Disclosure Requirements

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Parties

Sutherland Shire Council

Prosecutor

Benedict Industries Pty Ltd

Defendant

Procedural Posture

Criminal (environmental Offence) / Application for Leave to Adduce Further Evidence During Prosecutor's Case

Legal Issues

  1. 1 Whether the prosecutor should be granted leave to file and rely on additional affidavit evidence after the hearing commenced
  2. 2 Whether s 247N of the Criminal Procedure Act 1986 excludes the evidence
  3. 3 Whether there is prejudice to the defendant or to the prosecutor

Ratio Decidendi

Leave should be granted because the evidence in the third Hopwood affidavit is central to the prosecution, there is no demonstrated prejudice to the defendant, the lateness is due to mistake rather than intentional delay, the evidence is limited and not complex, and refusal would significantly prejudice the prosecutor's case.

Court Disposition

Leave granted to prosecutor to rely on additional affidavit evidence.

Orders

  • Leave granted to Sutherland Shire Council to file and rely on the affidavit of Mr Todd Hopwood sworn 17 November 2015.
  • Leave granted to amend Div 2A notices under ss 247E and 247J of the Criminal Procedure Act 1986.