Chief Executive of the Office of Environment and Heritage v Grant Wesley Turnbull (No 4) [2020] NSWLEC 124

Land and Environment Court New South Wales

Medium Neutral Citation: Chief Executive of the Office of Environment and Heritage v Grant Wesley Turnbull (No 4) [2020] NSWLEC 124 Hearing dates: 4 August 2020 Date of orders: 28 August 2020 Decision date: 28 August 2020 Jurisdiction: Class 5 Before: Duggan J Decision: See paragraphs 64 and 65 Catchwords: CRIMINAL PROCEDURE – stay of proceedings – admissions made in class 4 civil enforcement proceedings – criminal proceedings commenced after conclusions of class 4 proceedings – whether use of admissions in criminal proceedings is a breach of the accusatorial principle – whether admissions were made under compulsion – whether admissions were necessary to the defendant's class 4 defence Legislation Cited: Criminal Procedure Act 1986 Evidence Act 1995 Native Vegetation Act 2003 Cases Cited: Chief Executive of the Office of Environment and Heritage v Turnbull (No 4) [2016] NSWLEC 66 Chief Executive, Office of Environment and Heritage v Grant Wesley Turnbull (No 3) [2019] NSWLEC 165 Commissioner of the Australian Federal Police v Zhao (2015) 255 CLR 46 Construction, Forestry, Mining and Energy Union v Australian Competition and Consumer Commission (2016) 242 FCR 153 Environment Protection Authority v Caltex Refining Co Pty Ltd (1993) 178 CLR 477 Holloway v R [2015] NSWCCA 207 Lee v New South Wales Crime Commission (2013) 251 CLR 196 Lee v R (2014) 253 CLR 455 Peters & Heffernan v R (1995) 83 A Crim R 142 X7 v Australian Crime Commission (2013) 248 CLR 92 Category: Procedural and other rulings Parties: Chief Executive of the Office of Environment and Heritage (Prosecutor) Grant Wesley Turnbull (Defendant) Representation: Counsel: Mr T Howard SC and Mr S Hartford-Davis (Prosecutor) Mr S Odgers SC and Mr D Brezniak (Defendant)