Chief Executive of the Office of Environment and Heritage v Kennedy [2012] NSWLEC 93

Chief Executive of the Office of Environment and Heritage v Kennedy [2012] NSWLEC 93

The sentencing hearing dates are vacated because the status of negotiations for an amended remediation order is highly advanced, compliance with such an order could be material to sentencing, and given the defendant's mobility difficulties and the location of witnesses, a hearing at Armidale or Tamworth is warranted if possible.

Jurisdiction
Australia
Judgment Date
01 May 2012
Procedural Posture
Application to Vacate Sentencing Hearing Date / Interlocutory/ad Hoc Motion Determined Prior to Sentencing
Outcome
Sentencing hearing dates vacated; directions hearing scheduled; costs in the cause
Legal Topics
['application to Vacate Hearing Date' 'adjournment' 'sentencing Hearing' 'remediation Orders']
['criminal Law' 'environmental Law' 'practice and Procedure'] ['application to Vacate Hearing Date' 'adjournment' 'sentencing Hearing' 'remediation Orders']

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Procedural Posture

Application to Vacate Sentencing Hearing Date / Interlocutory/ad Hoc Motion Determined Prior to Sentencing

Legal Issues

  1. 1 ['Whether the sentencing hearing date should be vacated to allow further negotiations regarding an amended remediation order and compliance with such order' 'Whether the sentencing hearing should thereafter be fixed for Armidale or Tamworth instead of Sydney']

Ratio Decidendi

The sentencing hearing dates are vacated because the status of negotiations for an amended remediation order is highly advanced, compliance with such an order could be material to sentencing, and given the defendant's mobility difficulties and the location of witnesses, a hearing at Armidale or Tamworth is warranted if possible.

Court Disposition

Sentencing hearing dates vacated; directions hearing scheduled; costs in the cause

Orders

  • ['The sentencing hearing dates of 2 and 3 May 2012 are vacated.' 'There will be a directions hearing before a Judge on Tuesday, 22 May 2012 at 9.30 am, which the defendant may attend by telephone, with a view to fixing a new sentencing hearing date at Armidale, if possible, otherwise Tamworth.' 'By no later than...