Epacris Pty Limited v Director-General, Department of Natural Resources [2007] NSWCCA 76

Reported Decision: 170 A Crim R 54269 NSWLR 507153 LGERA 173

New South Wales Court of Criminal Appeal

CITATION: Epacris Pty Limited v Director-General, Department of Natural Resources [2007] NSWCCA 76 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 13 September 2007

JUDGMENT DATE: 27 March 2007

JUDGMENT OF: Hunt AJA at 1; Barr J at 1; Johnson J at 1

DECISION: 1. Leave to appeal is granted. 2. The appeal is dismissed.

CATCHWORDS: Land and Environment Court — Summons in summary prosecution names as the prosecutor one person in the header and another in part of document informing defendant of time and place of hearing — mistake not discovered until after limitation period expired — whether summons a nullity — whether summons may be amended — whether mistake as to name or identity of prosecutor — whether misleading or such as to cause reasonable doubt as to identity of prosecutor — whether test objective or subjective — whether, if subjective, evidentiary onus on defendant to show misled or had reasonable doubt — Criminal Procedure Act 1986, s 16(2)

Crimes Act 1900 Criminal Appeal Act 1912 Criminal Procedure Act 1986 Criminal Procedure Amendment (Justices and Local Courts) Act 2001 Director of Public Prosecutions Act 1986 Interpretation Act 1987 Justices Act 1902 LEGISLATION CITED: Justices Legislation Repeal and Amendment Act 2001 Land and Environment Court Act 1979 Lord Jervis' Act (Imp) Native Vegetation Conservation Act 1997 Supreme Court (Summary Jurisdiction) Act 1967 Land and Environment Court Rules Supreme Court Rules Uniform Civil Procedure Rules