Port Macquarie-Hastings Council v Notley [2013] NSWLEC 193

Port Macquarie-Hastings Council v Notley [2013] NSWLEC 193

Given the late notice of the defendant's intention to seek to change his plea, and the need to allow a proper application to be filed with supporting material, the sentence hearing was vacated. Costs thrown away are to be awarded to the council due to the late vacation of the hearing date.

Jurisdiction
Australia
Judgment Date
11 November 2013
Procedural Posture
Criminal (prosecution for Carrying Out Development Without Consent) / Sentence Hearing Vacated, Application to Change Plea Foreshadowed
Outcome
Sentence hearing vacated; defendant to pay prosecutor's costs thrown away; timetable established for application to change plea.
Legal Topics
['vacation of Hearing Date' 'change of Plea' 'costs Thrown Away']
['criminal Procedure' 'planning and Environment Law'] ['vacation of Hearing Date' 'change of Plea' 'costs Thrown Away']

Case Brief

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Procedural Posture

Criminal (prosecution for Carrying Out Development Without Consent) / Sentence Hearing Vacated, Application to Change Plea Foreshadowed

Legal Issues

  1. 1 ['Whether to vacate the scheduled sentence hearing due to a foreshadowed application by the defendant to change his plea from guilty to not guilty' 'Whether the council is entitled to costs thrown away by vacation of the hearing date']

Ratio Decidendi

Given the late notice of the defendant's intention to seek to change his plea, and the need to allow a proper application to be filed with supporting material, the sentence hearing was vacated. Costs thrown away are to be awarded to the council due to the late vacation of the hearing date.

Court Disposition

Sentence hearing vacated; defendant to pay prosecutor's costs thrown away; timetable established for application to change plea.

Orders

  • ["Today's sentence hearing date is vacated." 'The defendant is to file and serve any notice of motion seeking to withdraw his plea of guilty by 18 November 2013.' 'The prosecutor is to file its written submissions and any evidence in reply by 25 November 2013.' "The defendant's notice of motion is listed for hearing...