Natural Resources Access Regulator v Lidokew Pty Ltd (No 2) [2023] NSWLEC 131

Natural Resources Access Regulator v Lidokew Pty Ltd (No 2) [2023] NSWLEC 131

Because the Prosecutor's evidence, taken at its highest, was capable of sustaining findings of guilt on each of the Metering Charges and Water Take Charges, and the Defendant's criticisms required assessment and weighing of evidence that is not permitted on a no case to answer application, the Defendant had a case to answer on each charge.

Jurisdiction
Australia
Judgment Date
28 November 2023
Procedural Posture
Class 5 Environmental Offences Prosecution / No Case to Answer Application After the Prosecutor Closed Its Case
Outcome
Application dismissed.
Legal Topics
['no Case to Answer' 'metering Charges' 'water Take Charges']
['environmental Law' 'criminal Procedure'] ['no Case to Answer' 'metering Charges' 'water Take Charges']

Case Brief

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Procedural Posture

Class 5 Environmental Offences Prosecution / No Case to Answer Application After the Prosecutor Closed Its Case

Legal Issues

  1. 1 ['Whether the Prosecutor had adduced evidence which, if taken at its highest, was capable of supporting a verdict of guilty on some or all of the charges.' 'Whether the evidence on the Metering Charges was capable of proving the offences charged beyond reasonable doubt.' 'Whether the evidence on the Water Take Charges was capable of supporting a finding of guilt, including as to mens rea and exceedance of water allocation.']

Ratio Decidendi

Because the Prosecutor's evidence, taken at its highest, was capable of sustaining findings of guilt on each of the Metering Charges and Water Take Charges, and the Defendant's criticisms required assessment and weighing of evidence that is not permitted on a no case to answer application, the Defendant had a case to answer on each charge.

Court Disposition

Application dismissed.

Orders

  • ['The application for the entry of verdicts of not guilty on the basis that the Defendant has no case to answer is dismissed.']