Hunter Quarries Pty Limited v Morrison [2013] NSWIRComm 49

Hunter Quarries Pty Limited v Morrison [2013] NSWIRComm 49

Leave is granted to Hunter Quarries Pty Limited and Richard Badior to extend time to appeal against convictions, sentences and costs orders because, due to the interconnectedness of issues concerning undisclosed evidence and the Department of Primary Industries' inspections, the applicants have an arguable case for appeal, especially concerning potential statutory defences and miscarriage of justice claims.

Parties
Appellant: Hunter Quarries Pty Ltd; Appellant: Richard Badior; Respondent: Rodney Morrison
Jurisdiction
Australia
Judgment Date
17 June 2013
Procedural Posture
Interlocutory Application / Extension of Time to Appeal Against Conviction and Sentence
Outcome
Leave to extend time to appeal granted
Legal Topics
Extension of Time to Appeal, Withdrawal of Guilty Plea, Prosecutorial Disclosure, Expert Evidence, Duty to Act Fairly, Miscarriage of Justice
Criminal Law Industrial Law Occupational Health and Safety Extension of Time to Appeal Withdrawal of Guilty Plea Prosecutorial Disclosure Expert Evidence Duty to Act Fairly +1 more

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Parties

Hunter Quarries Pty Ltd

Appellant

Richard Badior

Appellant

Rodney Morrison

Respondent

Procedural Posture

Interlocutory Application / Extension of Time to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Should leave be granted to extend time for appeal against conviction and sentence?
  2. 2 Did prosecutorial disclosure failures lead to miscarriage of justice?
  3. 3 Should guilty pleas be permitted to be withdrawn due to alleged miscarriage of justice?

Ratio Decidendi

Leave is granted to Hunter Quarries Pty Limited and Richard Badior to extend time to appeal against convictions, sentences and costs orders because, due to the interconnectedness of issues concerning undisclosed evidence and the Department of Primary Industries' inspections, the applicants have an arguable case for appeal, especially concerning potential statutory defences and miscarriage of justice claims.

Court Disposition

Leave to extend time to appeal granted

Orders

  • Leave is granted to Hunter Quarries Pty Limited and Richard Alexanda Badior to extend time to appeal against convictions, sentences and costs orders imposed by Backman J under the Occupational Health and Safety Act 2000.
  • Applicants to identify unproduced material sought for appeal within 14 days.