Wyong Shire Council v Hughes (No.2) [2000] NSWLEC 109

Wyong Shire Council v Hughes (No.2) [2000] NSWLEC 109

The prosecution of Thomas Paul Hughes under both summonses 50057 and 50058 for the same offence and same facts infringes the rule against double jeopardy; the prosecutor must elect which charge to prosecute or one must be stayed.

Parties
Prosecutor: Wyong Shire Council; Defendant: Thomas Paul Hughes
Jurisdiction
Australia
Judgment Date
13 June 2000
Procedural Posture
Criminal / Interlocutory Motion
Outcome
Prosecution required to elect between two charges; if not, one will be permanently stayed.
Legal Topics
Double Jeopardy, Corporate Director Liability, Summary Jurisdiction, Party Proceedings
Criminal Law Environmental Law Practice and Procedure Double Jeopardy Corporate Director Liability Summary Jurisdiction Party Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Wyong Shire Council

Prosecutor

Thomas Paul Hughes

Defendant

Procedural Posture

Criminal / Interlocutory Motion

Legal Issues

  1. 1 Whether the prosecution of Thomas Paul Hughes under two separate summonses for the same offence infringes the rule against double jeopardy.
  2. 2 Whether a person charged with an offence can also be charged as a director of a corporation for the same offence under the same facts and circumstances.

Ratio Decidendi

The prosecution of Thomas Paul Hughes under both summonses 50057 and 50058 for the same offence and same facts infringes the rule against double jeopardy; the prosecutor must elect which charge to prosecute or one must be stayed.

Court Disposition

Prosecution required to elect between two charges; if not, one will be permanently stayed.

Orders

  • The prosecutor must make an election within seven days as to whether it will prosecute summons 50057 of 1999 or summons 50058 of 1999.
  • If the prosecutor fails to elect, the defendant may re-list the matter for an order to permanently stay one of the summonses.