Sidhom v Robinson [2007] NSWLEC 408

Reported Decision : (2007) 154 LGERA 169

Land and Environment Court of New South Wales

CITATION : Sidhom v Robinson [2007] NSWLEC 408

APPLICANT Jack Mamdouh Sidhom PARTIES : RESPONDENT Kate Robinson on behalf of the Department of Environment and Climate Change

FILE NUMBER(S) : 60004 of 2007

CORAM: Preston CJ

KEY ISSUES: Appeal :- environmental offence - attempting to harm animals in sanctuary zone - offender pleaded guilty - Local Court declined to dismiss charge without recording conviction and instead convicted and fined offender - appeal to Land and Environment Court - applicant seeking to have conviction set aside - conviction cannot be set aside in appeal against sentence but only in appeal against conviction - leave to appeal against conviction required because offender convicted following plea of guilty - appeal only on a question of law alone - whether proposed grounds of appeal concern question of law alone - whether leave to appeal should be granted - alternatively, whether appropriate to exercise discretion to dismiss charge without recording conviction

Crimes (Appeal and Review) Act 2001 s 3, s 31(1A), s 32(1), s 48(1)(a)(b) LEGISLATION CITED: Crimes (Sentencing and Procedure) Act 1999 s10 (1), s 10(3), s 21A(3), s 32(1) Marine Parks Act 1997 s 3, s 16(1) Marine Parks Regulation 1999 cl 6, cl 7(1)(a)

Advanced Arbor Service Pty Limited v Strathfield Municipal Council [2006] NSWLEC 485; Attorney-General (NSW) v X (2000) 49 NSWLR 653; Dinsdale v The Queen (2000) 202 CLR 321; Eurobodalla Shire Council v Wheelhouse [2006] NSWLEC 98; CASES CITED: House v The King (1936) 55 CLR 499; Murray Irrigation Ltd v ICW Pty Ltd [2006] NSWLEC 23; Thorneloe v Filipowski (2001) 52 NSWLR 60; Walden v Hensler (1987) 163 CLR 561; Williams v The Queen (1986) 161 CLR 278