Environment Protection Authority v Green; Environment Protection Authority v Whites Haulage Pty Limited; Environment Protection Authority v Whites Timber Products Pty Ltd [2024] NSWLEC 19

Environment Protection Authority v Green; Environment Protection Authority v Whites Haulage Pty Limited; Environment Protection Authority v Whites Timber Products Pty Ltd [2024] NSWLEC 19

Given the close connection of facts and the central disputed issue of culpability requiring oral evidence, it is highly desirable the sentencing hearings be conducted jointly, and there is no sufficient prejudice, delay, or other reason to preclude such orders.

Jurisdiction
Australia
Judgment Date
13 March 2024
Procedural Posture
Criminal / Interlocutory Application for Joint Sentence Hearing
Outcome
Orders made for sentencing hearings to be heard jointly before the same judge.
Legal Topics
['sentencing Procedure' 'joint Hearings' 'forestry Offences']
['criminal Law' 'environmental Law'] ['sentencing Procedure' 'joint Hearings' 'forestry Offences']

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Procedural Posture

Criminal / Interlocutory Application for Joint Sentence Hearing

Legal Issues

  1. 1 ['Whether sentencing hearings for co-offenders arising from identical charges should be heard jointly' 'Whether delay, prejudice, or increased costs preclude joint hearing orders']

Ratio Decidendi

Given the close connection of facts and the central disputed issue of culpability requiring oral evidence, it is highly desirable the sentencing hearings be conducted jointly, and there is no sufficient prejudice, delay, or other reason to preclude such orders.

Court Disposition

Orders made for sentencing hearings to be heard jointly before the same judge.

Orders

  • ['Sentencing hearings for all three defendants to be listed and heard jointly over two days before the same judge.' 'Two existing hearing dates to be vacated and new dates to be allocated.']