Environment Protection Authority v Mouawad (No 3) [2023] NSWLEC 44

Land and Environment Court New South Wales

Medium Neutral Citation: Environment Protection Authority v Mouawad (No 3) [2023] NSWLEC 44 Hearing dates: 21 April 2023 Date of orders: 24 April 2023 Decision date: 24 April 2023 Jurisdiction: Class 5 Before: Duggan J Decision: See paragraph 43 Catchwords: CRIMINAL PROCEDURE – inquiry into fitness to stand trial – application of common law Presser Test – whether Defendant's mental illness results in him being unable to participate in fair trial – expert evidence – assessment of Defendant's cognitive capabilities – Defendant fit to stand trial Legislation Cited: Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Protection of the Environment Operations Act 1997 (NSW) Cases Cited: Director-General, Department of Environment, Climate Change and Water v Source & Resources Pty Limited; Alexander; Gordon Plath of the Department of Environment, Climate Change and Water v Source & Resources Pty Limited; Alexander [2010] NSWLEC 235 Director-General, Department of Environment, Climate Change and Water v Source & Resources Pty Limited; Alexander (No 2); Gordon Plath of the Department of Environment, Climate Change and Water v Source & Resources Pty Limited; Alexander (No 2) [2011] NSWLEC 87 Environmental Protection Authority v Mouawad (No 2) [2023] NSWLEC 38 in R v Rivkin (2004) 59 NSWLR 284 R v Presser [1958] VR 45 Sydney City Council v Sydney Tool Supplies Pty Ltd & Daniel Bek (No. 2) [2011] NSWLEC 196 Category: Procedural rulings Parties: Environment Protection Authority (Prosecutor, Respondent on the Notice of Motion) Paul Mouawad (Defendant, Applicant on the Notice of Motion) Representation: Counsel: N Sharp SC and T Phillips (Prosecutor, Respondent on the Notice of Motion) P Mouawad, in person (Defendant, Applicant on the Notice of Motion)