Wyong Shire Council v Hughes (No.2) [2000] NSWLEC 109

Land and Environment Court of New South Wales

CITATION : Wyong Shire Council v Hughes (No.2) [2000] NSWLEC 109 PROSECUTOR: Wyong Shire Council

PARTIES : DEFENDANT: Thomas Paul Hughes

FILE NUMBER(S) : 50057 & 50058 of 1999 CORAM: Lloyd J KEY ISSUES: Practice & Procedure :- parties-criminal liability-double jeopardy-person charged with offence cannot be charged with the same offence in capacity of director of a corporation

LEGISLATION CITED: Environmental Offences and Penalties Act 1999 s 5, s 10 Land and Environment Court Act 1979 s 55 Environment Protection Authority v Australian Iron and Steel Pty Ltd (1992) 28 NSWLR 508; CASES CITED: Giorgianni v The Queen (1985) 156 CLR 473; Pearce v The Queen (1998) 72 ALJR 1416, 156 ALR 684 DATES OF HEARING: 22/03/2000 DATE OF JUDGMENT: 06/13/2000

PROSECUTOR: W R Davison SC SOLICITORS: Abbott Tout

LEGAL REPRESENTATIVES: DEFENDANT: P C Tomasetti (barrister) with J Johnson (barrister) SOLICITORS: Stephen Marks

JUDGMENT: Wyong Shire Council Prosecutor v Thomas Paul Hughes Defendant

REASONS FOR JUDGMENT (2)

1. The Prosecutor (Wyong Shire Council) has brought four summonses against three defendants, as follows:

50056 of 1999 : against Thomas Hughes Homes Pty Limited " to answer the charge that between 1 August 1997 and 1 September 1997 the Defendant committed an offence against section 5 of the Environmental Offences and Penalties Act, 1989, whereby the Defendant did without lawful authority negligently dispose of waste in a manner which is likely to harm the environment, at Lot 100, DP771114, generally known as 80 Collies Lane, Mardi in the State of New South Wales".