Fletcher v Byron Shire Council (No 2) [2010] NSWLEC 226

Fletcher v Byron Shire Council (No 2) [2010] NSWLEC 226

Applying ss 37 and 38 of the Crimes (Appeal and Review) Act 2001, the Court admitted some fresh written evidence where Mr Fletcher's self-represented status, complaints about prior representation, and the apparent relevance of the evidence made admission in the interests of justice, but refused evidence that was not...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
29 October 2010
Procedural Posture
Appeals From Lismore Local Court Concerning Environmental Offences / Interlocutory Application Concerning Fresh Evidence and Oral Evidence in Advance of Appeal Hearing
Outcome
Application allowed in part; fresh evidence admitted in part; Mr Fletcher permitted to give oral evidence in the tree offence sentence appeal only; each party to bear their own costs of the application.
Legal Topics
['appeal Against Conviction and Sentence' 'appeal Against Sentence Only' 'fresh Evidence on Appeal' 'oral Evidence on Appeal' 'unlawful Waste Offences' 'unlawful Clearing of Trees']
['criminal Procedure' 'environmental Law' 'appeals'] ['appeal Against Conviction and Sentence' 'appeal Against Sentence Only' 'fresh Evidence on Appeal' 'oral Evidence on Appeal' 'unlawful Waste Offences' 'unlawful Clearing of Trees']

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Summary, issues, holding and outcome

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Procedural Posture

Appeals From Lismore Local Court Concerning Environmental Offences / Interlocutory Application Concerning Fresh Evidence and Oral Evidence in Advance of Appeal Hearing

Legal Issues

  1. 1 ['Whether it was in the interests of justice to permit fresh evidence to be given in the waste offences appeal.' 'Whether there were substantial reasons why witnesses, including Mr Fletcher, should attend and give oral evidence in the waste offences appeal.' 'Whether it was in the interests of justice to permit fresh evidence to be given in the tree offence sentence appeal.' 'Whether there were substantial reasons why witnesses, including Mr Fletcher, should attend and give oral evidence in the tree offence sentence appeal.']

Ratio Decidendi

Applying ss 37 and 38 of the Crimes (Appeal and Review) Act 2001, the Court admitted some fresh written evidence where Mr Fletcher's self-represented status, complaints about prior representation, and the apparent relevance of the evidence made admission in the interests of justice, but refused evidence that was not evidence, unnecessary, duplicative, insufficiently particularised, or relevant only to conviction in a sentence-only appeal. Oral evidence required substantial reasons; that threshold was not met for most proposed witnesses, but was met for Mr Fletcher in the tree offence sentence appeal because he had not given evidence below and asserted that the guilty plea had been entered...

Court Disposition

Application allowed in part; fresh evidence admitted in part; Mr Fletcher permitted to give oral evidence in the tree offence sentence appeal only; each party to bear their own costs of the application.

Orders

  • ['The Court makes orders in accordance with the amended short minutes of order.' 'Each party is to bear their own costs of the application.']