Environment Protection Authority v Cianfrano [2003] NSWLEC 147

> Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v Cianfrano [2003] NSWLEC 147 PROSECUTOR Environment Protection Authority PARTIES : DEFENDANT Robert David Cianfrano FILE NUMBER(S) : 50120 of 2002 CORAM: Talbot J KEY ISSUES: Prosecution :- change of plea - guilty to not guilty - exercise of discretion LEGISLATION CITED: Land and Environment Court Rules 1979 r 11(4) Supreme Court Rules 1970 Pt 75 CASES CITED: DATES OF HEARING: 04/06/2003 EX TEMPORE JUDGMENT DATE : 06/04/2003

PROSECUTOR Mrs J C Kelly (Barrister) SOLICITORS Environment Protection Authority

LEGAL REPRESENTATIVES: DEFENDANT In Person SOLICITORS N/A

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 50120 of 2002

Talbot J

4 June 2003 Environment Protection Authority Prosecutor v Robert David Cianfrano Defendant Judgment

Introduction 1 HIS HONOUR: The Court has before it an application by the defendant, Robert Cianfrano, to change a plea of guilty entered by his legal representative on 11 March 2003 on his behalf and, as it appears, in accordance with his instructions. Mr Cianfrano has explained to the Court in an affidavit, and reiterated it, one might say, quite forcibly in the witness box, that the primary issue that exercised his mind when instructing his legal representative, Mr O'Brien, to enter a plea of guilty was that the questions that he wished to litigate would be matters that would involve a cost and that the cost, as he understood it, would be beyond his means. Mr Cianfrano was not in Court on the day that the plea of guilty was entered but nevertheless there is no question that it was entered according to his instructions.