Director-General Department of Land and Water Conservation v Greentree and Anor. [2004] NSWLEC 584

Director-General Department of Land and Water Conservation v Greentree and Anor. [2004] NSWLEC 584

Because the Prosecutor accepted that there was no, or no sufficient, evidence to support the charges as particularised, the Court upheld the no case to answer submissions and directed acquittals. The Court ordered the Prosecutor to pay the defendants' legal costs under s 253(2) of the Criminal Procedure Act 1986, but was not persuaded that any part of the costs should be ordered on an indemnity basis.

Jurisdiction
Australia
Judgment Date
12 October 2004
Procedural Posture
Criminal Proceedings for Alleged Environmental Offences Under the Native Vegetation Conservation Act 1997 / No Case to Answer Submission After the Close of the Prosecution Evidence and Costs Application
Outcome
No case to answer submissions upheld; defendants acquitted; summonses dismissed; costs ordered for the defendants under s 253(2) of the Criminal Procedure Act 1986; indemnity costs refused.
Legal Topics
['unlawful Clearing of Native Vegetation' 'no Case to Answer' 'acquittal' 'costs of Acquitted Defendants']
['environmental Law' 'criminal Procedure' 'costs'] ['unlawful Clearing of Native Vegetation' 'no Case to Answer' 'acquittal' 'costs of Acquitted Defendants']

Case Brief

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Procedural Posture

Criminal Proceedings for Alleged Environmental Offences Under the Native Vegetation Conservation Act 1997 / No Case to Answer Submission After the Close of the Prosecution Evidence and Costs Application

Legal Issues

  1. 1 ['Whether the defendants had no case to answer on charges of offences against the Native Vegetation Conservation Act 1997.' 'Whether costs should be ordered in favour of the acquitted defendants, including whether any costs should be on an indemnity basis.']

Ratio Decidendi

Because the Prosecutor accepted that there was no, or no sufficient, evidence to support the charges as particularised, the Court upheld the no case to answer submissions and directed acquittals. The Court ordered the Prosecutor to pay the defendants' legal costs under s 253(2) of the Criminal Procedure Act 1986, but was not persuaded that any part of the costs should be ordered on an indemnity basis.

Court Disposition

No case to answer submissions upheld; defendants acquitted; summonses dismissed; costs ordered for the defendants under s 253(2) of the Criminal Procedure Act 1986; indemnity costs refused.

Orders

  • ['The Defendant\'s "No case to Answer" submission is upheld.' 'Direct that the Defendant be acquitted of the offence charged.' 'The summons be dismissed.' "Order the Prosecutor to pay the Defendant's legal costs in the sum determined in accordance with s 253(2) of the Criminal Procedure Act 1986." 'The Exhibits be...