NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Environment Protection Authority v Buchanan [2008] NSWLEC 315
PROSECUTOR PARTIES : Environment Protection Authority DEFENDANT Ruth Dorothy Buchanan
FILE NUMBER(S) : 50074 of 2007
CORAM: Pain J
KEY ISSUES: Evidence :- exercise of discretion - whether to allow Prosecutor to rely on material in addition to statement of agreed facts in sentence hearing
New South Wales Barristers' Rules r 71 LEGISLATION CITED: Legal Profession Act 1987 s 57A, s 57B Protection of the Environment Operations Act 1997 s 64 Revised Professional Conduct and Practice Rules 1995 r A71
Newcastle City Council v Pace Farm Egg Products Pty Ltd [2002] NSWLEC 66 R v Barri [2004] NSWCCA 221 CASES CITED: R v Burnes [2007] NSWSC 298 R v Falls [2004] NSWCCA 335 R v Palu [2002] NSWCCA 381
TEXTS CITED: Judicial Commission of New South Wales, Sentencing Bench Book, (Release 10, October 2008) [1-455]
DATES OF HEARING: 25 November 2007 26 November 2007
EX TEMPORE JUDGMENT DATE : 26 November 2008
PROSECUTOR Ms R Pepper with Ms L Wilson SOLICITOR LEGAL REPRESENTATIVES: Department of Environment and Climate Change DEFENDANT Mr J Rowe SOLICITOR Dib Lawyers
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