Leichhardt Municipal Council v Hunter [2013] NSWCCA 87

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Leichhardt Municipal Council v Hunter [2013] NSWCCA 87 Hearing dates: 19 March 2013 Decision date: 24 April 2013 Before: Latham J Fullerton J Adamson J Decision: 1. Grant an extension of 19 days for the submission of a question of law pursuant to s 5B(2) of the Criminal Appeal Act 1912 2. The questions submitted are answered: (i) The offence created by s 49 of the Companion Animals Act 1998 is an offence of strict liability. (ii) Does not arise (iii) Yes Catchwords: STATUTORY CONSTRUCTION - stated case - determination of an offence as strict liability offence - s 49, Companion Animals Act is a strict liability offence - defence of taking all reasonable steps arises Legislation Cited: Companion Animals Act 1998 Criminal Appeal Act 1912 Cases Cited: Australian Iron & Steel Pty Ltd v Environment Protection Authority (1992) 29 NSWLR 497 Caralis v Smyth (1987) 34 A Crim R 193 He Kaw The v The Queen (1985) 157 CLR 523 R v Wampfler (1987) 11 NSWLR 541 Sherras v De Rutzen [1895] 1 QB 918 Category: Principal judgment Parties: Leichhardt Municipal Council - (Appellant) Jill Hunter - (Respondent) Representation: Counsel DA Buchanan SC - (Appellant) T Game SC - (Respondent) Solicitors Ritchie & Castellan - (Appellant) Tully & Chiper - (Respondent) File Number(s): 2010/ 423178 Decision under appeal Date of Decision: 2011-08-25 00:00:00 Before: Blanch CJDC File Number(s): 2010/423178