Chief Executive of the Office of Environment and Heritage v Grant Wesley Turnbull (No 4) [2020] NSWLEC 124

Chief Executive of the Office of Environment and Heritage v Grant Wesley Turnbull (No 4) [2020] NSWLEC 124

The accusatorial principle operates to prevent the Prosecutor from using admissions only when those admissions are the result of compulsion. Here, the Defendant failed to establish that his admissions in the prior civil (Class 4) proceedings were made under compulsion, as criminal proceedings were not pending or likely at the time, and there was no evidence that he was required to make the admissions in order to defend the civil case. Accordingly, the principle does not bar the Prosecutor from using the admissions, and there is no basis for a temporary stay or for excluding the legal team with knowledge of the admissions.

Parties
Prosecutor: Chief Executive of the Office of Environment and Heritage; Defendant: Grant Wesley Turnbull
Jurisdiction
Australia
Judgment Date
28 August 2020
Procedural Posture
Criminal (class 5) / Pre Trial Motion to Stay Proceedings
Outcome
Notice of Motion dismissed
Legal Topics
Accusatorial Principle, Admissions in Prior Civil Proceedings, Stay of Proceedings, Compulsion
Criminal Procedure Accusatorial Principle Admissions in Prior Civil Proceedings Stay of Proceedings Compulsion

Case Brief

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Parties

Chief Executive of the Office of Environment and Heritage

Prosecutor

Grant Wesley Turnbull

Defendant

Procedural Posture

Criminal (class 5) / Pre Trial Motion to Stay Proceedings

Legal Issues

  1. 1 Whether the use of admissions made by the Defendant in prior civil proceedings (Class 4) in subsequent criminal proceedings amounts to a breach of the accusatorial principle
  2. 2 Whether those admissions were made under compulsion such that their use by the prosecutor would be unfair or unlawful
  3. 3 Whether a temporary stay is warranted to quarantine the prosecutor's legal team from knowledge of the admissions

Ratio Decidendi

The accusatorial principle operates to prevent the Prosecutor from using admissions only when those admissions are the result of compulsion. Here, the Defendant failed to establish that his admissions in the prior civil (Class 4) proceedings were made under compulsion, as criminal proceedings were not pending or likely at the time, and there was no evidence that he was required to make the admissions in order to defend the civil case. Accordingly, the principle does not bar the Prosecutor from using the admissions, and there is no basis for a temporary stay or for excluding the legal team with knowledge of the admissions.

Court Disposition

Notice of Motion dismissed

Orders

  • The Notice of Motion is dismissed.
  • The exhibits are returned.