Environment Protection Authority v Bulga Coal Management Pty Ltd [2013] NSWLEC 29

Environment Protection Authority v Bulga Coal Management Pty Ltd [2013] NSWLEC 29

The preliminary disclosure regime under Div 2A of Ch 4, Pt 5 of the Criminal Procedure Act 1986 does not override the discrete and initial obligation under s 247E for the prosecutor to provide a complete and unqualified notice of the prosecution case before preliminary disclosure orders can be made.

Jurisdiction
Australia
Judgment Date
08 March 2013
Procedural Posture
Criminal Prosecution / Interlocutory Motion; Preliminary Disclosure Orders
Outcome
Prosecutor's Notice of Motion dismissed
Legal Topics
['disclosure' 'notice of Prosecution Case' 'preliminary Disclosure']
['criminal Procedure'] ['disclosure' 'notice of Prosecution Case' 'preliminary Disclosure']

Case Brief

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Procedural Posture

Criminal Prosecution / Interlocutory Motion; Preliminary Disclosure Orders

Legal Issues

  1. 1 ['Whether s 247E notice of prosecution case is complete' 'Whether preliminary disclosure orders under s 247I, s 247J, s 247K, s 247L should be made']

Ratio Decidendi

The preliminary disclosure regime under Div 2A of Ch 4, Pt 5 of the Criminal Procedure Act 1986 does not override the discrete and initial obligation under s 247E for the prosecutor to provide a complete and unqualified notice of the prosecution case before preliminary disclosure orders can be made.

Court Disposition

Prosecutor's Notice of Motion dismissed

Orders

  • ["The Prosecutor's Notice of Motion dated 1 March 2013 is dismissed."]