Secretary, Department of Planning and Environment v Leda Manorstead Pty Ltd [2018] NSWLEC 114

Secretary, Department of Planning and Environment v Leda Manorstead Pty Ltd [2018] NSWLEC 114

The legislative amendment introducing increased maximum penalties effective from 31 July 2015 justified the prosecutor bringing two charges for contiguous periods of a continuing offence, with no unfairness or retrospective application of penalties. The factors specified in s 125A(1)(a) and (b) are not elements of the offence under s 125(1), but are relevant to sentencing.

Jurisdiction
Australia
Judgment Date
07 August 2018
Procedural Posture
Criminal Prosecution / Procedural Ruling on Notice of Motion
Outcome
Defendant's motion refused; orders made as to evidence and notices
Legal Topics
['continuing Offences' 'statutory Construction' 'sentencing' 'abuse of Process']
['environmental Law' 'criminal Procedure'] ['continuing Offences' 'statutory Construction' 'sentencing' 'abuse of Process']

Case Brief

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Procedural Posture

Criminal Prosecution / Procedural Ruling on Notice of Motion

Legal Issues

  1. 1 ['Whether multiple charges could be brought for a continuing offence due to legislative amendment introducing increased penalties' 'Whether s 125A(1)(a) and (b) of the Environmental Planning and Assessment Act 1979 are elements of an offence under s 125(1) or only relevant to sentencing' 'Whether the bringing of a second charge under amended penalty provisions is an abuse of process']

Ratio Decidendi

The legislative amendment introducing increased maximum penalties effective from 31 July 2015 justified the prosecutor bringing two charges for contiguous periods of a continuing offence, with no unfairness or retrospective application of penalties. The factors specified in s 125A(1)(a) and (b) are not elements of the offence under s 125(1), but are relevant to sentencing.

Court Disposition

Defendant's motion refused; orders made as to evidence and notices

Orders

  • ['At the hearing fixed for 26 November 2018 evidence going to, and the determination of, s 125A(1) factors is not to be adduced and addressed.' 'The Prosecutor is to file a further amended notice of the prosecution case pursuant to s 247E of the Criminal Procedure Act 1986 in proper form.' 'The Prosecutor is to file...