Kari & Ghossayn Pty Limited v Sutherland Shire Council [2006] NSWLEC 532

Reported Decision : (2006) 150 LGERA 231

Land and Environment Court of New South Wales

CITATION : Kari & Ghossayn Pty Limited v Sutherland Shire Council [2006] NSWLEC 532

APPLICANT Kari & Ghossayn Pty Limited PARTIES : RESPONDENT Sutherland Shire Council

FILE NUMBER(S) : 60005 of 2006

CORAM: Preston CJ

Environmental Offences :- - appeal - Class 6 - appeals against convictions and sentences - offences of carrying out development contrary to development consent - no reasonable doubt of offender's guilt - appeals against convictions dismissed - appeal against sentence by way of rehearing - objective circumstances of offences - subjective circumstances of offender - parity of sentences between co-offenders - sentences not too severe - appeals against sentences dismissed KEY ISSUES: Prosecution :- criminal proceedings commenced in Local Court by court attendance notice (CAN) - CAN wrongly stated time at which offence committed - conviction and sentence imposed by Local Court - appeal against conviction and sentence to Land and Environment Court - application by prosecutor on appeal to amend CAN to correct particulars as to time offence committed - whether court on appeal has power to amend CAN - power available - whether amendment can be made without injustice - amendment causes particulars to reflect evidence at trial - amendment would not cause injustice or result in an unfair trial - amendment ordered

Crimes (Local Courts Appeal and Review) Act 2001 (NSW) s 31, s 31(1), s 37(2), s 49(2), s 64 Criminal Procedure Act 1986 s 15, s 16(1), s 20, s 21, s 21(1) LEGISLATION CITED: Environmental Planning and Assessment Act 1979 (NSW) s 76A(1)(b), s 125(1) Land and Environment Court Act 1979 s 68(1) Land and Environment Court Rules 1996 Pt 10 r 1