Jenner v Richmond Valley Council [2016] NSWLEC 115

Land and Environment Court New South Wales

Medium Neutral Citation: Jenner v Richmond Valley Council [2016] NSWLEC 115 Hearing dates: 22 August 2016 Date of orders: 05 September 2016 Decision date: 05 September 2016 Jurisdiction: Class 7 Before: Pain J Decision: (1) The application for leave to appeal against conviction in Local Court matter no 2015/297505 is dismissed. (2) The application for leave to appeal against conviction in Local Court matter no 2015/292912 is dismissed. (3) The appeal against sentence in Local Court matter no 2015/297505 is dismissed. (4) The appeal against sentence in Local Court matter no 2015/292912 is dismissed. (5) The Appellant is to pay the Respondent's costs of these leave applications and appeals within 60 days. (6) The exhibits are to be returned. Catchwords: APPEAL – leave to appeal against two convictions in local court – appeal against sentences in local court – defendant entered pleas of guilty in local court – miscarriage of justice justifying grant of leave to appeal not established – exercise of sentencing discretion to confirm magistrate's decisions Legislation Cited: Crimes (Appeal and Review) Act 2001, ss 31, 32, 34, 36, 37, 39, 49, 70, 72 Crimes (Sentencing Procedure) Act 1999, ss 3A, 10, 21A Environmental Planning and Assessment Act 1979, ss 4, 76A, 125 Fines Act 1996, s 6 Protection of the Environment Operations Act 1997, ss 96, 97, 241, 321, Dictionary Cases Cited: Brown Brothers Waste Contractors Pty Ltd v Pittwater Council (2015) 90 NSWLR 717; [2015] NSWCA 215 Hamod v New South Wales [2011] NSWCA 375 Kwong v Baulkham Hills Shire Council [2008] NSWLEC 199 R v Hura (2001) 121 A Crim R 472; [2001] NSWCCA 61 Category: Principal judgment Parties: Kevin Lindsay Jenner (Appellant) Richmond Valley Council (Respondent) Representation: COUNSEL: L Stephens (Appellant) M Seymour (Respondent)