Turnbull v Office of Environment and Heritage [2021] NSWCCA 190

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Turnbull v Office of Environment and Heritage [2021] NSWCCA 190 Hearing dates: 18 March 2021 Decision date: 13 August 2021 Before: Hoeben CJ at CL at [1]; Harrison J at [2]; Button J at [3] Decision: (1) Grant leave to appeal out of time. (2) Grant leave to appeal. (3) Dismiss the appeal. Catchwords: CRIME — accusatorial principle — admissions in civil proceedings sought to be used in subsequent criminal prosecution — plaintiff and prosecutor same legal person — admissions made voluntarily and on legal advice of counsel — admissions made in open court — applicant deposed he would not have made admissions if advised of possible criminal prosecution — use of admissions in subsequent criminal proceedings said to breach accusatorial principle — application for a stay distinguished — practical difficulties in restraining use of admissions ENVIRONMENT AND PLANNING — land clearing offence prosecuted in Land and Environment Court — Class 4 and Class 5 jurisdictions — proceedings based on same alleged acts commenced in both jurisdictions – admissions made disputing extent of civil contravention of Native Vegetation Act Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5F Evidence Act 1995 (NSW), s 90 Native Vegetation Act 2003 (NSW), ss 12, 38, 41 Cases Cited: Commissioner of the Australian Federal Police v Zhao (2015) 255 CLR 46; [2015] HCA 5 Construction, Forestry, Mining and Energy Union v Australian Competition and Consumer Commission (2016) 242 FCR 153; [2016] FCAFC 97 Chief Executive of the Office of Environment and Heritage v Turnbull (No 4) [2016] NSWLEC 66 Chief Executive, Office of Environment and Heritage v Turnbull [2019] NSWLEC 125 Chief Executive of the Office of Environment and Heritage v Grant Wesley Turnbull (No 4) [2020] NSWLEC 124 Holloway v R [2015] NSWCCA 207 Lee v The Queen (2014) 253 CLR 455; [2014] HCA 20 Peters & Heffernan v R (1995) 83 A Crim R 142 R v Independent Broad-based Anti-corruption Commissioner (2016) 256 CLR 459; [2016] HCA 8 Strickland (a pseudonym) v Commonwealth Director of Public Prosecutions (2018) 266 CLR 325; [2018] HCA 53 Category: Principal judgment Parties: Grant Turnbull (Applicant) Office of Environment and Heritage (Respondent) Representation: Counsel: