Environment Protection Authority v CSR Ltd (trading as CSR Woodpanels) [1999] NSWLEC 173

Environment Protection Authority v CSR Ltd (trading as CSR Woodpanels) [1999] NSWLEC 173

The questions raised are fundamental threshold questions concerning the framing of the charge and the entire basis of the prosecution; fairness and justice required that these be answered before trial, thus the judge exercised discretion to state a case to the Court of Criminal Appeal.

Jurisdiction
Australia
Judgment Date
04 June 1999
Procedural Posture
Notice of Motion (stated Case) in Criminal Prosecution / Pre Trial, Application to State a Case to the Court of Criminal Appeal
Outcome
Application granted; case to be stated for the Court of Criminal Appeal's determination.
Legal Topics
['stated Case' 'discretion to State Case' 'amendment of Summons' 'continuing Offence' 'particulars' 'duplicity']
['environmental Law' 'criminal Law'] ['stated Case' 'discretion to State Case' 'amendment of Summons' 'continuing Offence' 'particulars' 'duplicity']

Case Brief

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Procedural Posture

Notice of Motion (stated Case) in Criminal Prosecution / Pre Trial, Application to State a Case to the Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the judge erred in permitting amendment of the summons to add 'or was likely to harm'" 'Whether the judge erred in holding the prosecutor furnished further particulars as ordered' "Whether the judge erred in dismissing the defendant's previous motion" 'Whether the offences charged can be prosecuted as a continuing offence under s 6(1) of the Environmental Offences and Penalties Act 1989']

Ratio Decidendi

The questions raised are fundamental threshold questions concerning the framing of the charge and the entire basis of the prosecution; fairness and justice required that these be answered before trial, thus the judge exercised discretion to state a case to the Court of Criminal Appeal.

Court Disposition

Application granted; case to be stated for the Court of Criminal Appeal's determination.

Orders

  • ['The parties are to consult to prepare a further draft stated case and arrange to settle the draft with the judge.']