Brown v Vine [1989] NSWLEC 180

Brown v Vine [1989] NSWLEC 180

The independent evidence of the Maritime Services Board surveyor, accepted by the Court, was that in July 1987 there were no mangroves above the mean high water mark on No. 6 Deakin Street other than possible small shoots. That evidence raised a reasonable doubt as to whether the defendant committed the alleged offence about two months later, so the prosecution failed to prove the charge beyond reasonable doubt.

Jurisdiction
Australia
Judgment Date
27 April 1989
Procedural Posture
Prosecution for Alleged Breach of a Tree Preservation Order / Judgment on Summons After Hearing
Outcome
Defendant found not guilty; summons dismissed.
Legal Topics
['tree Preservation Order' 'mangrove Removal' 'mean High Water Mark' 'proof Beyond Reasonable Doubt']
['environmental Planning' 'criminal Prosecution'] ['tree Preservation Order' 'mangrove Removal' 'mean High Water Mark' 'proof Beyond Reasonable Doubt']

Case Brief

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Procedural Posture

Prosecution for Alleged Breach of a Tree Preservation Order / Judgment on Summons After Hearing

Legal Issues

  1. 1 ['Whether the defendant cut down, removed or wilfully destroyed mangrove trees having a height greater than six feet in contravention of the Tree Preservation Order.' 'Whether any relevant mangrove trees existed above the mean high water mark on No. 6 Deakin Street on 12 September 1987.' 'Whether the prosecution proved each element of the offence beyond reasonable doubt.']

Ratio Decidendi

The independent evidence of the Maritime Services Board surveyor, accepted by the Court, was that in July 1987 there were no mangroves above the mean high water mark on No. 6 Deakin Street other than possible small shoots. That evidence raised a reasonable doubt as to whether the defendant committed the alleged offence about two months later, so the prosecution failed to prove the charge beyond reasonable doubt.

Court Disposition

Defendant found not guilty; summons dismissed.

Orders

  • ['The summons is dismissed.' 'The exhibits may be returned.' 'Submissions as to costs invited.']