Turnbull v Chief Executive of the Office of Environment and Heritage [2015] NSWCCA 278

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Turnbull v Chief Executive of the Office of Environment and Heritage [2015] NSWCCA 278 Hearing dates: 7 July 2015 Decision date: 30 October 2015 Before: Meagher JA at [1] McCallum J at [2] Button J at [4] Decision: (1) Leave to appeal granted. (2) The order with regard to costs is amended so that it reads as follows: The defendant is ordered to pay the reasonable legal costs and disbursements of the prosecutor as agreed or assessed. (3) Appeal otherwise dismissed. Catchwords: CRIMINAL LAW – appeal against sentence – clearing of native vegetation in contravention of s 12 of the Native Vegetation Act 2003 (NSW) – whether the primary judge erred in making findings of fact adverse to the applicant – whether the primary judge erred in ordering the applicant to pay the costs of the proceedings on sentence – appeal allowed with regard to costs order only Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A(3)(i)(ii) Criminal Appeal Act 1912 (NSW), s 5AB Environmental Planning and Assessment Act 1979 (NSW), s 126 Native Vegetation Act 2003 (NSW), s 12 Cases Cited: AB v R [2014] NSWCCA 339 Blackwell v R [2011] NSWCCA 93; (2011) 81 NSWLR 119 Chief Executive, Office of Environment and Heritage v Rummery [2012] NSWLEC 271; (2012) 192 LGERA 315 Clarke v R [2015] NSWCCA 232 De Angelis v R [2015] NSWCCA 197 R v Coleman (1990) 19 NSWLR 467; (1990) 47 A Crim R 306 R v Oinonen [1999] NSWCCA 310 R v Thomson & Houlton (2000) 49 NSWLR 383 Category: Principal judgment Parties: Ian Robert Turnbull (Appellant) Regina (Respondent) Representation: Counsel: T Alexis SC (Appellant) G Huxley (Appellant) D K Jordan (Respondent)