Minister administering the Ports Corporatisation and Waterways Management Act 1995 v Hakim (No 2) [2005] NSWLEC 326

Minister administering the Ports Corporatisation and Waterways Management Act 1995 v Hakim (No 2) [2005] NSWLEC 326

The charge relating to alleged excavation over several months is not duplicitous because it constitutes one ongoing illegal activity, and the defendant was on notice of the case to meet; the manner of formulation did not result in unfairness to the accused.

Jurisdiction
Australia
Judgment Date
07 February 2005
Procedural Posture
Interlocutory Application / Judgment on Duplicity Objection
Outcome
Objection dismissed; no duplicity found in the charge.
Legal Topics
['duplicity' 'excavation Without Permit' 'charging Practice']
['criminal Law' 'environmental Law' 'practice and Procedure'] ['duplicity' 'excavation Without Permit' 'charging Practice']

Case Brief

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Procedural Posture

Interlocutory Application / Judgment on Duplicity Objection

Legal Issues

  1. 1 ['Whether the charge laid against the defendant is duplicitous due to multiple alleged acts of excavation over a period of several months']

Ratio Decidendi

The charge relating to alleged excavation over several months is not duplicitous because it constitutes one ongoing illegal activity, and the defendant was on notice of the case to meet; the manner of formulation did not result in unfairness to the accused.

Court Disposition

Objection dismissed; no duplicity found in the charge.

Orders

  • ['There is no duplicity in the charge as alleged by the defendant.']