Butler V Frost [1999] NSWLEC 24

Butler V Frost [1999] NSWLEC 24

Leave for the Prosecutor to adduce further evidence is refused because of the need to comply with pre-trial directions and to avoid unfairness to the Defendant, consistent with the principles established in State Pollution Control Commission v Australian Iron & Steel Pty Ltd [No 2] and fairness in criminal proceedings enunciated in Whitehorn v The Queen.

Parties
Prosecutor: Craig Lee Butler; Defendant: Ian Frost
Jurisdiction
Australia
Judgment Date
19 February 1999
Procedural Posture
Prosecution / Interlocutory (application for Leave to Adduce Further Evidence)
Outcome
Prosecutor's motion to adduce further evidence dismissed. Proceedings to be listed for further directions.
Legal Topics
Admissibility of Evidence, Pre Trial Directions, Summary Proceedings, Fair Trial
Environmental Law Criminal Procedure Admissibility of Evidence Pre Trial Directions Summary Proceedings Fair Trial

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Craig Lee Butler

Prosecutor

Ian Frost

Defendant

Procedural Posture

Prosecution / Interlocutory (application for Leave to Adduce Further Evidence)

Legal Issues

  1. 1 Whether the Prosecutor should be granted leave to adduce further evidence after pre-trial directions prohibiting it
  2. 2 Whether adducing new evidence would cause unfairness to the Defendant

Ratio Decidendi

Leave for the Prosecutor to adduce further evidence is refused because of the need to comply with pre-trial directions and to avoid unfairness to the Defendant, consistent with the principles established in State Pollution Control Commission v Australian Iron & Steel Pty Ltd [No 2] and fairness in criminal proceedings enunciated in Whitehorn v The Queen.

Court Disposition

Prosecutor's motion to adduce further evidence dismissed. Proceedings to be listed for further directions.

Orders

  • The Motion be dismissed.
  • The proceedings be listed for further directions.