DOWSETT v. GRINDLEY CONSTRUCTION PTY LIMITED [1998] NSWLEC 75

DOWSETT v. GRINDLEY CONSTRUCTION PTY LIMITED [1998] NSWLEC 75

The defendant, acting as agent and organiser of the work, falls within the meaning of a secondary participant under s 669 of the Local Government Act 1993 and is liable for the offence of erecting a building without approval. The defence of honest and reasonable mistake of fact fails because ignorance of the law is not a valid excuse.

Jurisdiction
Australia
Judgment Date
28 July 1998
Procedural Posture
Criminal / Final Judgment
Outcome
charge dismissed without conviction, costs ordered
Legal Topics
['unlawful Erection of Building' 'offences and Penalties' 'doctrine of Secondary Participation' 'defence of Honest and Reasonable Mistake']
['planning and Environmental Law' 'criminal Law'] ['unlawful Erection of Building' 'offences and Penalties' 'doctrine of Secondary Participation' 'defence of Honest and Reasonable Mistake']

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Procedural Posture

Criminal / Final Judgment

Legal Issues

  1. 1 ['Whether the defendant erected a building without council approval' 'Whether the defendant was a secondary participant under s 669 Local Government Act 1993' 'Whether a defence of honest and reasonable mistake of fact can succeed']

Ratio Decidendi

The defendant, acting as agent and organiser of the work, falls within the meaning of a secondary participant under s 669 of the Local Government Act 1993 and is liable for the offence of erecting a building without approval. The defence of honest and reasonable mistake of fact fails because ignorance of the law is not a valid excuse.

Court Disposition

charge dismissed without conviction, costs ordered

Orders

  • ['The offence is found proved but pursuant to s 556A of the Crimes Act 1900, without proceeding to conviction, the charge is dismissed.' "The defendant is ordered to pay the prosecutor's costs in the sum of $7,000.00."]