Orr v Hunter Quarries Pty Ltd (No. 2) [2020] NSWDC 307

District Court New South Wales

Medium Neutral Citation: Orr v Hunter Quarries Pty Ltd (No. 2) [2020] NSWDC 307 Hearing dates: 13 May 2020 Date of orders: 18 June 2020 Decision date: 18 June 2020 Jurisdiction: Criminal Before: Russell SC DCJ Decision: (1) I direct that the prosecutor engross the stated case in the appropriate form for submission to the Court of Criminal Appeal. (2) I direct the prosecutor to provide the stated case to my Associate by 4pm on 25 June 2020. Catchwords: STATED CASE – whether the trial court has identified the relevant legal test – whether the trial court has applied the correct legal test – whether the facts as found fall within a statute properly construed

STATED CASE – difficulties in procedure after trial completed – no appeal as of right available to prosecution from an acquittal after a summary trial in the District Court – consideration of recommendation of New South Wales Law Reform Commission for prosecution to be given such a right of appeal Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), s 107 Crimes Legislation Amendment Act 1998 (NSW), sch 4 Criminal Appeal Act 1912 (NSW), s 5AE Work Health and Safety Act 2011 (NSW), ss 18, 19, 32 Work Health and Safety Regulation 2011 (NSW) cl 36 Cases Cited: Commissioner of Taxation v Trail Bros Steel & Plastics Pty Ltd [2010] FCAFC 94; (2010) 186 FLR 410 at [13] Orr v Cobar Management Pty Ltd [2019] NSWDC 796 Texts Cited: New South Wales Law Reform Commission Report 140 Criminal Appeals, May 2014 Second Reading Speech, New South Wales Parliamentary Debates, Legislative Council, 3 June 1998, 5586 Category: Procedural and other rulings Parties: Stephen James Orr (Prosecutor) Hunter Quarries Pty Limited (Defendant) Representation: Counsel: K Nomchong SC (Prosecutor) C Magee (Prosecutor)