Environment Protection Authority v Minto Recycling Pty Ltd [2019] NSWLEC 91

Environment Protection Authority v Minto Recycling Pty Ltd [2019] NSWLEC 91

Because there is no higher order or more serious offence than breach of licence condition under s 64(1) of the POEO Act, adducing evidence of environmental harm as aggravation does not breach the De Simoni principle. An anticipatory exclusion of all such evidence is not appropriate; objections must be determined as specific evidence is tendered.

Parties
Prosecutor: Environment Protection Authority; Defendant: Minto Recycling Pty Ltd
Jurisdiction
Australia
Judgment Date
25 June 2019
Procedural Posture
Criminal (environmental Offence) / Sentencing Hearing Anticipatory Objection to Evidence
Outcome
Proposed exclusionary ruling rejected
Legal Topics
Sentencing, Admissibility of Evidence, Application of De Simoni Principle, Protection of the Environment Operations Act, Aggravating Factors in Sentencing, Prejudice in Evidence
Environmental Law Criminal Law Evidence Law Sentencing Admissibility of Evidence Application of De Simoni Principle Protection of the Environment Operations Act Aggravating Factors in Sentencing +1 more

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Parties

Environment Protection Authority

Prosecutor

Minto Recycling Pty Ltd

Defendant

Procedural Posture

Criminal (environmental Offence) / Sentencing Hearing Anticipatory Objection to Evidence

Legal Issues

  1. 1 Whether evidence of environmental harm can be relied upon as an aggravating factor in sentencing for breach of environment protection licence condition under s 64(1) of the POEO Act
  2. 2 Whether admission of such evidence would breach the De Simoni principle (punishing for uncharged offence)
  3. 3 Whether the proposed evidence is unfairly prejudicial under ss 135 and 137 of the Evidence Act

Ratio Decidendi

Because there is no higher order or more serious offence than breach of licence condition under s 64(1) of the POEO Act, adducing evidence of environmental harm as aggravation does not breach the De Simoni principle. An anticipatory exclusion of all such evidence is not appropriate; objections must be determined as specific evidence is tendered.

Court Disposition

Proposed exclusionary ruling rejected

Orders

  • Anticipatory objection to proposed prosecution evidence refused
  • Defendant remains entitled to object to specific evidence as it is sought to be admitted