Bellingen Shire Council V Darryl Andrew Woollard [1999] NSWLEC 55

Land and Environment Court of New South Wales CITATION: Bellingen Shire Council V Darryl Andrew Woollard [1999] NSWLEC 55 This judgment revised on: 15/03/99 PARTIES PROSECUTOR Bellingen Shire Council

DEFENDANT Darryl Andrew Woollard

NUMBER: 50027 of 1998

CORAM: Pearlman J

KEY ISSUES: :- clearing without consent - guilty plea

LEGISLATION CITED: clearing without consent - guilty plea

DATES OF HEARING: 02/17/1999

EX TEMPORE JUDGMENT DATE: 02/17/1999

PROSECUTOR Mr J Ayling (Barrister)

SOLICITORS Abbott Tout LEGAL REPRESENTATIVES: DEFENDANT Mr J Spencer (Barrister)

SOLICITORS Murray Backhouse Turner

JUDGMENT:

Introduction

1. In this case the prosecutor, Bellingen Shire Council ("the council"), has brought two charges against the defendant, Darryl Woollard. This morning I was informed that, in relation to proceedings No 50027 of 1998, the defendant would change his plea from a plea of not guilty to a plea of guilty and that the prosecutor, in the exercise of its discretion, has agreed to withdraw proceedings No 50031 of 1998. In those circumstances, the task of the Court is to consider the matters that have been put to me this morning by counsel for both the prosecutor and the defendant in connection with determining the appropriate penalty to impose.