Director-General, Department of Environment, Climate Change and Water v Source & Resources Pty Limited; Alexander (No 2); Gordon Plath of the Department of Environment, Climate Change and Water v Source & Resources Pty Limited; Alexander (No 2) [2011] NSWLEC 87

Land and Environment Court New South Wales

Medium Neutral Citation: Director-General, Department of Environment, Climate Change and Water v Source & Resources Pty Limited; Alexander (No 2); Gordon Plath of the Department of Environment, Climate Change and Water v Source & Resources Pty Limited; Alexander (No 2) [2011] NSWLEC 87 Hearing dates: 18 May 2011 Decision date: 23 May 2011 Jurisdiction: Class 5 Before: Pepper J Decision: 1. the Court finds that Mr Alexander is unfit to stand trial; 2. the proceedings are stood over to 3 June 2011 at 4.15pm to enable the parties to bring in short minutes of order disposing of the proceedings against Mr Alexander and setting down a timetable for the prosecution of the charges against Source and Resources; and 3. the exhibits are to be returned. Catchwords: CRIMINAL LAW:- hearing into fitness of accused to stand trial - application of common law principles - assessment of medical evidence - accused suffers from dementia - accused found unfit to stand trial Legislation Cited: Mental Health (Forensic Provisions) Act 1990 Native Vegetation Act 2003 ss 12, 42 National Parks and Wildlife Act 1974 ss 118D, 190 Cases Cited: Director-General, Department of Environment, Climate Change and Water v Source & Resources Pty Limited; Alexander; Gordon Plath of the Department of Environment, Climate Change and Water v Source & Resources Pty Limited; Alexander [2010] NSWLEC 235 R v Mailes [2001] NSWCCA 155; (2001) 53 NSWLR 251 R v Donovan [1990] WAR 112; (1989) 39 A Crim R 150 R v Podola [1960] 1 QB 325; (1959) 43 Cr App R 220 R v Rivkin [2004] NSWCCA 7; (2004) 59 NSWLR 284 R v WRC [2003] NSWCCA 394; (2003) 59 NSWLR 273 Category: Principal judgment Parties: Director-General, Department of Environment, Climate Change and Water Gordon Plath of the Department of Environment, Climate Change and Water (Prosecutor) Mr Kelvin Wilson Alexander Source and Resources Pty Limited (Defendant) Representation: Mr M Higgins (Prosecutors) Mr P McEwen SC (Defendants) Department of Environment, Climate Change and Water (Prosecutors) N/A (Defendants) File Number(s): 5005, 5006, 5008 and 5009 of 2010