North Sydney Council v Perini [2012] NSWLEC 239

North Sydney Council v Perini [2012] NSWLEC 239

Leave to re-open was granted because the building certificate was not available at the sentence hearing, was brief, might be relevant to mitigation concerning environmental harm, and its admission would not cause substantial inconvenience or practical obstacle beyond short additional written submissions; in the interests of justice and fairness to Mr Perini he should be afforded the opportunity to adduce it.

Jurisdiction
Australia
Judgment Date
22 October 2012
Procedural Posture
Class 5 Criminal Proceedings Under the Environmental Planning and Assessment Act 1979 / Application by Notice of Motion to Re Open the Defendant's Case to Adduce Fresh Evidence After Sentence Hearing and While Judgment Was Reserved
Outcome
Leave to re-open to adduce fresh evidence granted.
Legal Topics
['application to Re Open' 'fresh Evidence' 'sentence Hearing' 'development Consent' 'building Certificate']
['practice and Procedure' 'criminal Law' 'environmental Planning and Assessment'] ['application to Re Open' 'fresh Evidence' 'sentence Hearing' 'development Consent' 'building Certificate']

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Procedural Posture

Class 5 Criminal Proceedings Under the Environmental Planning and Assessment Act 1979 / Application by Notice of Motion to Re Open the Defendant's Case to Adduce Fresh Evidence After Sentence Hearing and While Judgment Was Reserved

Legal Issues

  1. 1 ['Whether the defendant should be granted leave to re-open his case to admit a building certificate issued after the sentence hearing.' 'What principles apply to an application to re-open criminal proceedings to adduce fresh evidence before judgment has been delivered.' 'Whether the proposed fresh evidence may be relevant to environmental harm caused by the offence and mitigation on sentence.']

Ratio Decidendi

Leave to re-open was granted because the building certificate was not available at the sentence hearing, was brief, might be relevant to mitigation concerning environmental harm, and its admission would not cause substantial inconvenience or practical obstacle beyond short additional written submissions; in the interests of justice and fairness to Mr Perini he should be afforded the opportunity to adduce it.

Court Disposition

Leave to re-open to adduce fresh evidence granted.

Orders

  • ['The defendant is granted leave to re-open his case to admit the building certificate issued by the council.' 'Within 14 days the prosecutor is to file and serve short written submissions on the significance of this evidence on the issues for determination in the proceedings (no more than five single sided double...