Harris v Harrison [2014] NSWCCA 84

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Harris v Harrison [2014] NSWCCA 84 Hearing dates: 5 February 2014 Decision date: 15 May 2014 Before: Simpson J at [1]; Hall J at [131]; Schmidt J at [132] Decision: (1) Appeal allowed. (2) Order (1) of the Orders made by the Land and Environment Court (by which the appellant was convicted of the offence against s 91K(1) of the Water Management Act 2000 (NSW)), is confirmed. (3) Orders (2)-(7) made by the Land and Environment Court are vacated. In lieu thereof, the following determinations are made: (a) direct, pursuant to s 9 of the Crimes (Sentencing Procedure) Act 1999 (NSW), that Ronald Norman Harris enter into a good behaviour bond for a period of 2 years; (b) order, pursuant to s 353G(1)(a) of the Water Management Act 2000, that Ronald Norman Harris, within 28 days of the date of this judgment, at his own expense, publish in either the Riverine Grazier or The Land, a notice in the form attached as Annexure "A" to these orders. Catchwords: CRIMINAL LAW - appeal - s 5AB Criminal Appeal Act 1912 (NSW) - sentence - s 91K(1) Water Management Act 2000 (NSW) - multiple grounds pleaded - whether error in primary judge's assessment of objective gravity - whether primary judge erred in construction of s 52 Water Management Act - whether primary judge erred by failing to take into account relevant consideration - error found - Court has jurisdiction to entertain appeal against publication order made under s 353G(1)(a) Water Management Act 2000 - appeal allowed - conviction confirmed - orders (2)-(7) made by Land and Environment Court vacated and orders substituted Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1914 (Cth) Criminal Appeal Act 1912 (NSW) Criminal Appeal Rules (NSW) Criminal Procedure Act 1986 (NSW) Land and Environment Court Act 1979 (NSW) Statute Law (Miscellaneous Provisions) Act 2009 (NSW) Water Management Act 2000 (NSW) Water Sharing Plan for the Murrumbidgee Regulated River Water Source 2003 (NSW) Cases Cited: Dilworth v Commissioner of Stamps [1899] AC 99 Griffiths v The Queen [1977] HCA 44; 137 CLR 293 Harris v Harrison [2013] NSWCCA 314. Harrison v Harris [2013] NSWLEC 105 R v Carngham [1978] HCA 48; 140 CLR 487 R v Crombie [1999] NSWCCA 297 R v Doan [2000] NSWCCA 317; 50 NSWLR 115 R v Kakura (1990) 20 NSWLR 638 R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383 The Queen v de Simoni [1981] HCA 31; 147 CLR 383 Transport Workers' Union of New South Wales v Australian Industrial Relations Commission [2008] FCAFC 26; 166 FCR 108 Wise v R [2006] NSWCCA 264 YZ Finance Co Pty Ltd v Cummings [1964] HCA 12; 109 CLR 395 Zreika v R [2012] NSWCCA 44 Category: Principal judgment Parties: Ronald Norman Harris (Appellant) Russell Harrison (Respondent) Representation: Counsel: A A Henskens SC/S B Docker (Appellant) M McHugh SC/B Docking (Respondent) Solicitors: Kemp Strang (Appellant) I V Knight, Crown Solicitor (Respondent) File Number(s): 2013/247685 Decision under appeal Jurisdiction: 9106 Citation: Harrison v Harris [2013] NSWLEC 105 Date of Decision: 2013-07-17 00:00:00 Before: Pepper J File Number(s): 50028 of 2012