Environment Protection Authority v Truegain Pty Ltd [2014] NSWLEC 98
The trial dates are vacated and matter fixed for sentencing hearing due to change of plea and need to finalise statement of facts; contingency provided in event of remaining factual disputes.
- Jurisdiction
- Australia
- Judgment Date
- 16 July 2014
- Procedural Posture
- Criminal / Procedural Ruling Following Change of Plea to Guilty
- Outcome
- Trial dates vacated, sentencing hearing scheduled, callover listed, liberty to restore matter granted.
- Legal Topics
- ['plea Change' 'vacation of Trial Dates' 'sentencing Hearing' 'agreement of Statement of Facts']
Case Brief
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Procedural Posture
Criminal / Procedural Ruling Following Change of Plea to Guilty
Legal Issues
- 1 ["Whether trial dates should be vacated in light of defendant's change of plea to guilty" 'Timing of sentencing hearing' 'Whether court can direct a defendant to serve evidence for sentencing before prosecutor closes case']
Ratio Decidendi
The trial dates are vacated and matter fixed for sentencing hearing due to change of plea and need to finalise statement of facts; contingency provided in event of remaining factual disputes.
Court Disposition
Trial dates vacated, sentencing hearing scheduled, callover listed, liberty to restore matter granted.
Orders
- ['The Court notes the plea of guilty.' 'The trial dates, 21 July to 1 August 2014, are vacated.' 'The matter is fixed for a sentencing hearing on 28 July 2014.' 'The matter is listed for callover on 25 July 2014 to allow for the vacation of the 28 July 2014 date in the event that there remain any facts in dispute.'...
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