Peter James Harris and Jane Maree Harris v WaterNSW [2021] NSWCCA 184

Peter James Harris and Jane Maree Harris v WaterNSW [2021] NSWCCA 184

It was open to the trial judge to find, based on the totality of unchallenged procedural evidence and expert analysis, that the essential elements of the offence under s 91G(2) Water Management Act 2000 (NSW) were proved beyond reasonable doubt, including that water was taken when flow at the Bourke gauge was less than or equal to 4,894 ML/day, even absent direct evidence from all field officers. The reliability of scientific and business records was properly established and admissible, and no error of law or principle was shown.

Jurisdiction
Australia
Judgment Date
09 August 2021
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Judgment
Outcome
Appeals against conviction dismissed.
Legal Topics
['appeal Against Conviction' 'evidence Admissibility' 'statutory Interpretation' 'onus of Proof' 'water Management Offence']
['criminal Law' 'environmental Law' 'water Law' 'evidence'] ['appeal Against Conviction' 'evidence Admissibility' 'statutory Interpretation' 'onus of Proof' 'water Management Offence']

Case Brief

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal Judgment

Legal Issues

  1. 1 ['Whether the trial judge erred in finding all elements of the charge under s 91G(2) Water Management Act 2000 (NSW) were established beyond reasonable doubt' 'Whether the trial judge reversed the onus of proof' 'Whether evidence of flowrate and of a conversation between a party and an officer was admissible and properly accepted' 'Whether trial judge erred in accepting departmental evidence of flow measurement methods and findings']

Ratio Decidendi

It was open to the trial judge to find, based on the totality of unchallenged procedural evidence and expert analysis, that the essential elements of the offence under s 91G(2) Water Management Act 2000 (NSW) were proved beyond reasonable doubt, including that water was taken when flow at the Bourke gauge was less than or equal to 4,894 ML/day, even absent direct evidence from all field officers. The reliability of scientific and business records was properly established and admissible, and no error of law or principle was shown.

Court Disposition

Appeals against conviction dismissed.

Orders

  • ['The appeals against conviction are dismissed.']