Hudson v Director-General, Department of Environment Climate Change and Water [2012] NSWCCA 92

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hudson v Director-General, Department of Environment Climate Change and Water [2012] NSWCCA 92 Hearing dates: 12 and 13 December 2011 Decision date: 11 May 2012 Before: Bathurst CJ at [1]; Whealy JA at [105]; McClellan CJ at CL at [106] Decision: 1 Grant leave to the appellant to tender the following material: (a) The affidavit of John Ross Hudson sworn on 9 March 2010; (b) The transcript evidence provided at the committal hearing in R (Commonwealth) v John Ross Hudson by Elizabeth Savage, Daniel Keenan and George Boland. 2 Reject the tender of all other fresh or new evidence sought to be relied on by the appellant at the hearing. 3 Dismiss the appeal so far as it relates to conviction. 4 Quash the penalties imposed by Lloyd J on 11 Feb 2009. 5 Remit the proceedings to the Land and Environment Court for the purpose of determining the appropriate penalty to be imposed on the appellant. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: CRIMINAL LAW - Appeal - Conduct of defence - representation by unqualified person - whether permitted under Land and Environment Court Act s 63.

CRIMINAL LAW - Appeal - Conduct of defence - representation by unqualified person - obligation of judge to ensure fair trial - conviction - whether miscarriage of justice.