Environment Protection Authority v Hargraves [2002] NSWLEC 113

Environment Protection Authority v Hargraves [2002] NSWLEC 113

The defendant, Yolanda Hargraves, knowingly furnished false information as to the weights of loads received at the landfill site, in purported compliance with a statutory requirement under s 203(1), and that information was material for the purposes of the Protection of the Environment Operations Act 1997. The evidence established beyond reasonable doubt that the defendant knew the supplied information was false and that it was required by the Act. The offences were therefore proved.

Parties
Prosecutor: Environment Protection Authority; Defendant: Yolanda Hargraves
Jurisdiction
Australia
Judgment Date
11 July 2002
Procedural Posture
Criminal Prosecution / Liability Judgment (finding of Guilt); Penalty to Be Determined
Outcome
Guilty (offences proved). Penalty hearing to be set.
Legal Topics
False or Misleading Information, Materiality, Mens Rea, Waste Facility Licensing
Environmental Law Criminal Law False or Misleading Information Materiality Mens Rea Waste Facility Licensing

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Parties

Environment Protection Authority

Prosecutor

Yolanda Hargraves

Defendant

Procedural Posture

Criminal Prosecution / Liability Judgment (finding of Guilt); Penalty to Be Determined

Legal Issues

  1. 1 Whether the defendant furnished information in purported compliance with a statutory requirement knowing it was false in a material respect
  2. 2 Whether the false information was material for the purposes of the statute
  3. 3 Whether the defendant knew of the falsity of the information

Ratio Decidendi

The defendant, Yolanda Hargraves, knowingly furnished false information as to the weights of loads received at the landfill site, in purported compliance with a statutory requirement under s 203(1), and that information was material for the purposes of the Protection of the Environment Operations Act 1997. The evidence established beyond reasonable doubt that the defendant knew the supplied information was false and that it was required by the Act. The offences were therefore proved.

Court Disposition

Guilty (offences proved). Penalty hearing to be set.