Director-General, Department of Environment and Climate Change v Walker Corporation Pty Limited (No 3) [2010] NSWLEC 135

Director-General, Department of Environment and Climate Change v Walker Corporation Pty Limited (No 3) [2010] NSWLEC 135

The Court does not have power, absent consent, to compel a defendant's experts to confer and report jointly with the prosecution's experts in Class 5 sentencing proceedings, as such power is excluded by the specific terms of Pt 75 r 3K of the Supreme Court Rules 1970 and would impermissibly infringe the defendant’s right to silence in the absence of clear statutory language abrogating it.

Jurisdiction
Australia
Judgment Date
29 July 2010
Procedural Posture
Criminal Sentencing / Pre Sentence Directions Hearing
Outcome
Order refused absent consent
Legal Topics
['expert Evidence' 'right to Silence' 'sentencing Procedure' 'joint Expert Conferences']
['criminal Law' 'environmental Law' 'court Procedure'] ['expert Evidence' 'right to Silence' 'sentencing Procedure' 'joint Expert Conferences']

Case Brief

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Procedural Posture

Criminal Sentencing / Pre Sentence Directions Hearing

Legal Issues

  1. 1 ["Whether the Court has power to order defendant's experts to jointly confer and report with prosecution's experts in preparation for a sentence hearing in the Class 5 jurisdiction absent consent"]

Ratio Decidendi

The Court does not have power, absent consent, to compel a defendant's experts to confer and report jointly with the prosecution's experts in Class 5 sentencing proceedings, as such power is excluded by the specific terms of Pt 75 r 3K of the Supreme Court Rules 1970 and would impermissibly infringe the defendant’s right to silence in the absence of clear statutory language abrogating it.

Court Disposition

Order refused absent consent

Orders

  • ['If the defendant consents to a joint conference between, and the production of a joint report by, its experts and those of the prosecution, the defendant is to notify the prosecutor by no later than 5 pm 6 September 2010.' 'Such joint conference is to take place by no later than 13 September 2010.' 'Any joint...