Environment Protection Authority v Goulburn Wool Scour Pty Limited (No 2) [2003] NSWLEC 231

Environment Protection Authority v Goulburn Wool Scour Pty Limited (No 2) [2003] NSWLEC 231

Once a verdict of acquittal has been delivered and reasons published, the proceedings are complete and the court has no jurisdiction under s 5AE of the Criminal Appeal Act 1912 to state a case to the Court of Criminal Appeal upon the prosecutor's request.

Jurisdiction
Australia
Judgment Date
10 October 2003
Procedural Posture
Prosecution / Application to State a Case After Verdict
Outcome
application to state a case refused; orders confirmed
Legal Topics
['summary Proceedings' 'acquittal' 'pollution Offences' 'right to Appeal' 'jurisdiction to State a Case']
['criminal Law' 'environmental Law'] ['summary Proceedings' 'acquittal' 'pollution Offences' 'right to Appeal' 'jurisdiction to State a Case']

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Procedural Posture

Prosecution / Application to State a Case After Verdict

Legal Issues

  1. 1 ['Whether the Court had jurisdiction to state a case to the Court of Criminal Appeal after the announcement of a verdict of not guilty' 'Whether s 5AE of the Criminal Appeal Act 1912 allows the Crown to request a stated case after acquittal in summary proceedings']

Ratio Decidendi

Once a verdict of acquittal has been delivered and reasons published, the proceedings are complete and the court has no jurisdiction under s 5AE of the Criminal Appeal Act 1912 to state a case to the Court of Criminal Appeal upon the prosecutor's request.

Court Disposition

application to state a case refused; orders confirmed

Orders

  • ['The request to state a case is refused.' 'The orders in [119] of the judgment delivered on 9 September 2003 are confirmed.']