Environment Protection Authority v Sydney Drum Machinery Pty Ltd (No 3) [2014] NSWLEC 79

Environment Protection Authority v Sydney Drum Machinery Pty Ltd (No 3) [2014] NSWLEC 79

The trial was adjourned part-heard as the defendant's limited English language skills and failure to access or understand evidentiary material raised a real risk of unfairness and potential miscarriage of justice if the trial were to proceed.

Jurisdiction
Australia
Judgment Date
18 June 2014
Procedural Posture
Criminal (environment/protection, Prosecution) / Part Heard Trial, Adjournment Granted
Outcome
Adjournment granted, trial stood over part-heard
Legal Topics
['adjournment' 'fair Trial' 'self Represented Litigant' 'legal Assistance' 'evidence Procedure']
['criminal Law' 'environmental Law' 'procedure'] ['adjournment' 'fair Trial' 'self Represented Litigant' 'legal Assistance' 'evidence Procedure']

Case Brief

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Procedural Posture

Criminal (environment/protection, Prosecution) / Part Heard Trial, Adjournment Granted

Legal Issues

  1. 1 ["Whether adjournment should be granted to ensure a fair trial in light of defendant's limited English and lack of preparation" 'Whether evidence-in-chief should be received by affidavit or orally']

Ratio Decidendi

The trial was adjourned part-heard as the defendant's limited English language skills and failure to access or understand evidentiary material raised a real risk of unfairness and potential miscarriage of justice if the trial were to proceed.

Court Disposition

Adjournment granted, trial stood over part-heard

Orders

  • ['Stand over the trial part-heard to Thursday 3 July 2014 at 9.15am for directions and to fix a date for hearing.' 'Note the offer of the Prosecutor to approach the Law Society of New South Wales to indicate the desirability of providing assistance to the Defendants in the further conduct of this trial.']