NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Fletcher v Byron Shire Council [2010] NSWLEC 185
APPELLANT: Michael Hume Fletcher PARTIES : RESPONDENT: Byron Shire Council
FILE NUMBER(S) : 60003; 60004 of 2010
CORAM: Biscoe J
KEY ISSUES: APPEAL :- appeal against sentence - application for leave to appeal against conviction in Local Court made out of time and refused - appellant allowed to file and serve fresh evidence.
LEGISLATION CITED: Crimes (Appeal and Review) Act 2001, ss 32, 33, 64
CASES CITED: Lin v Fairfield City Council [2007] NSWLEC 568, 159 LGERA 264
DATES OF HEARING: 24 September 2010
EX TEMPORE JUDGMENT DATE : 24 September 2010
APPELLANT: Mr M Fletcher (in person) SOLICITORS: n/a LEGAL REPRESENTATIVES: RESPONDENT: Mr T March SOLICITORS: HWL Ebsworth
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
BISCOE J
24 September 2010
60003 and 60004 of 2010
FLETCHER v BYRON SHIRE COUNCIL
EX TEMPORE JUDGMENT 1 HIS HONOUR: This is a notice of motion filed on 24 September 2010 by the appellant, Mr Michael Fletcher, who is self-represented, that the Court (a) grant him leave to appeal against his conviction in the Local Court in his appeal 60004 of 2010 (the trees matter) and (b) to allow him to adduce fresh evidence in both that appeal and in his appeal 60003 of 2010 (the waste matter). 2 The two appeals are unrelated, although they concern offences that occurred on the same land.
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