Environment Protection Authority v Truegain Pty Ltd [No 2] [2012] NSWLEC 55
A summons that alleges two particulars each constituting a separate failure under environmental law is duplicitous. The prosecutor must elect which specific alleged failure to pursue, as each represents a distinct offence and cannot be combined under a single charge.
- Jurisdiction
- Australia
- Judgment Date
- 20 March 2012
- Procedural Posture
- Criminal Prosecution / Interlocutory Decision Regarding Duplicity and Particulars in a Summons
- Outcome
- Prosecutor must elect which particular it wishes to pursue; the particulars as combined are bad for duplicity.
- Legal Topics
- ['duplicity in Summons' 'particulars of Criminal Charges' 'protection of the Environment Operations Act']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Prosecution / Interlocutory Decision Regarding Duplicity and Particulars in a Summons
Legal Issues
- 1 ['Whether the particulars in the prosecution summons are bad for duplicity' 'Whether the prosecutor can rely on more than one distinct failure under one charge']
Ratio Decidendi
A summons that alleges two particulars each constituting a separate failure under environmental law is duplicitous. The prosecutor must elect which specific alleged failure to pursue, as each represents a distinct offence and cannot be combined under a single charge.
Court Disposition
Prosecutor must elect which particular it wishes to pursue; the particulars as combined are bad for duplicity.
Orders
- ['Prosecutor to elect as to which of the two particulars ((c)(iv) or (v)) it will proceed with.']
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