Morrison v Peacock and Roslyndale Shipping Company Pty Ltd [2000] NSWLEC 32

Morrison v Peacock and Roslyndale Shipping Company Pty Ltd [2000] NSWLEC 32

The prosecutor's request was a request by the Crown for the purpose of s 5AE because, in bringing the proceedings, he acted as an officer of a public department in the performance of official duties, carried out the Minister's general responsibility for protection of the environment in connection with vessels in State waters, and did not act merely as an ordinary person. Accordingly the Court was obliged to submit the questions of law to the Court of Criminal Appeal. In any event, the Court would have exercised its discretion to submit them because they raised important and insufficiently settled issues of statutory construction and the prosecutor's delay or conduct did not warrant...

Jurisdiction
Australia
Judgment Date
01 March 2000
Procedural Posture
Environmental Offence Prosecutions Under the Marine Pollution Act 1987 in the Land and Environment Court Summary Jurisdiction / Determination of Notices of Motion: Defendants Sought Acquittal; Prosecutor Sought Submission of Questions of Law to the Court of Criminal Appeal Under S 5 AE of the Criminal Appeal Act 1912 Before Final Orders
Outcome
Prosecutor's motion to submit questions of law to the Court of Criminal Appeal allowed; defendants' motion for acquittal dismissed; costs reserved.
Legal Topics
['marine Pollution Offences' 'stated Case' 'questions of Law' 'whether Prosecutor Constitutes the Crown' 'ministerial Delegation' 'exercise of Discretion' 'form of Questions for Court of Criminal Appeal']
['environmental Law' 'criminal Procedure' 'administrative Law'] ['marine Pollution Offences' 'stated Case' 'questions of Law' 'whether Prosecutor Constitutes the Crown' 'ministerial Delegation' 'exercise of Discretion' 'form of Questions for Court of Criminal Appeal']

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Procedural Posture

Environmental Offence Prosecutions Under the Marine Pollution Act 1987 in the Land and Environment Court Summary Jurisdiction / Determination of Notices of Motion: Defendants Sought Acquittal; Prosecutor Sought Submission of Questions of Law to the Court of Criminal Appeal Under S 5 AE of the Criminal Appeal Act 1912 Before Final Orders

Legal Issues

  1. 1 ['Whether the prosecutor constituted the Crown for the purpose of s 5AE of the Criminal Appeal Act 1912 so that the Court was obliged to submit questions of law to the Court of Criminal Appeal.' 'If the prosecutor did not constitute the Crown, whether the Court should exercise its discretion to submit the questions of law.' 'Whether the proposed questions about wear and tear, damage, and recklessness under s 8 of the Marine Pollution Act 1987 were correctly framed as questions of law.']

Ratio Decidendi

The prosecutor's request was a request by the Crown for the purpose of s 5AE because, in bringing the proceedings, he acted as an officer of a public department in the performance of official duties, carried out the Minister's general responsibility for protection of the environment in connection with vessels in State waters, and did not act merely as an ordinary person. Accordingly the Court was obliged to submit the questions of law to the Court of Criminal Appeal. In any event, the Court would have exercised its discretion to submit them because they raised important and insufficiently settled issues of statutory construction and the prosecutor's delay or conduct did not warrant...

Court Disposition

Prosecutor's motion to submit questions of law to the Court of Criminal Appeal allowed; defendants' motion for acquittal dismissed; costs reserved.

Orders

  • ["The prosecutor is directed to bring in for signature by 5 pm on 2 March 2000 an engrossed set of questions in the form set out in the prosecutor's notice of motion." "The defendants' notice of motion is dismissed." 'The question of costs is reserved.']