The Hills Shire Council v Kinnarney Civil & Earthworks Pty Ltd and Kinnarney [2012] NSWLEC 30

The Hills Shire Council v Kinnarney Civil & Earthworks Pty Ltd and Kinnarney [2012] NSWLEC 30

There is unchallenged evidence of all elements of the offences charged, the evidential burden for the defence of honest and reasonable mistake of fact has not been satisfied, and alleged prosecution tainting does not negate the prima facie case. There is a case to answer.

Source-derived case information.

Parties
Prosecutor: The Hills Shire Council; Defendant: Kinnarney Civil & Earthworks Pty Ltd; Defendant: Patrick Pius Kinnarney
Jurisdiction
Australia
Judgment Date
29 February 2012
Procedural Posture
Environmental Offence Prosecution / Submission of No Case to Answer at End of Prosecution Case
Outcome
There is a case to answer.
Legal Topics
Transportation of Waste, Waste Facility Offences, Mistake of Fact Defence, No Case to Answer Submission
Environmental Law Criminal Law Transportation of Waste Waste Facility Offences Mistake of Fact Defence No Case to Answer Submission

Source-derived case record

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 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The Hills Shire Council

Prosecutor

Kinnarney Civil & Earthworks Pty Ltd

Defendant

Patrick Pius Kinnarney

Defendant

Procedural Posture

Environmental Offence Prosecution / Submission of No Case to Answer at End of Prosecution Case

Legal Issues

  1. 1 Whether there is a case to answer for charges of transporting waste to an unlawful facility
  2. 2 Whether a defence of honest and reasonable mistake of fact can negate a prima facie prosecution case
  3. 3 Whether prosecutorial indemnity or witness falsehoods taint the prosecution case

Ratio Decidendi

There is unchallenged evidence of all elements of the offences charged, the evidential burden for the defence of honest and reasonable mistake of fact has not been satisfied, and alleged prosecution tainting does not negate the prima facie case. There is a case to answer.

Court Disposition

There is a case to answer.