Director-General, Department of Environment, Climate Change and Water v Source & Resources Pty Limited; Alexander; Gordon Plath of the Department of Environment, Climate Change and Water v Source & Resources Pty Limited; Alexander [2010] NSWLEC 235

Director-General, Department of Environment, Climate Change and Water v Source & Resources Pty Limited; Alexander; Gordon Plath of the Department of Environment, Climate Change and Water v Source & Resources Pty Limited; Alexander [2010] NSWLEC 235

The Mental Health (Forensic Provisions) Act 1990 does not apply to the Land and Environment Court. A real and substantial question as to Mr Alexander's fitness to stand trial having been raised, the proceedings must be adjourned until his fitness can be properly determined, following applicable common law principles. It is unnecessary to decide at this stage whether a corporation can be unfit to stand trial; both proceedings should be adjourned together.

Parties
Prosecutor: Director-General, Department of Environment, Climate Change and Water; Prosecutor: Gordon Plath of the Department of Environment, Climate Change and Water; Defendant: Source & Resources Pty Limited; Defendant: Mr Kelvin Wilson Alexander
Jurisdiction
Australia
Judgment Date
19 November 2010
Procedural Posture
Criminal / Adjournment Prior to Determination of Fitness to Stand Trial
Outcome
proceedings adjourned, hearing dates vacated, fitness hearing ordered
Legal Topics
Unfitness to Stand Trial, Adjournment of Proceedings, Native Vegetation Clearing, Threatened Species Habitat Destruction
Criminal Law Environmental Law Unfitness to Stand Trial Adjournment of Proceedings Native Vegetation Clearing Threatened Species Habitat Destruction

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Parties

Director-General, Department of Environment, Climate Change and Water

Prosecutor

Gordon Plath of the Department of Environment, Climate Change and Water

Prosecutor

Source & Resources Pty Limited

Defendant

Mr Kelvin Wilson Alexander

Defendant

Procedural Posture

Criminal / Adjournment Prior to Determination of Fitness to Stand Trial

Legal Issues

  1. 1 Whether Mental Health (Forensic Provisions) Act 1990 applies to the Land and Environment Court
  2. 2 Principles applicable to determination of fitness to stand trial
  3. 3 Whether a corporate defendant can be unfit to stand trial

Ratio Decidendi

The Mental Health (Forensic Provisions) Act 1990 does not apply to the Land and Environment Court. A real and substantial question as to Mr Alexander's fitness to stand trial having been raised, the proceedings must be adjourned until his fitness can be properly determined, following applicable common law principles. It is unnecessary to decide at this stage whether a corporation can be unfit to stand trial; both proceedings should be adjourned together.

Court Disposition

proceedings adjourned, hearing dates vacated, fitness hearing ordered

Orders

  • Hearing of all four Class 5 matters vacated.
  • Proceedings adjourned part-heard to a date to be fixed, subject to determination of Mr Kelvin Alexander’s fitness.