Jiri Thomas Cmunt v Commissioner for Police, New South Wales Police Force; Marie Cmunt v Commissioner for Police, New South Wales Police Force [2018] NSWLEC 156

Land and Environment Court New South Wales

Medium Neutral Citation: Jiri Thomas Cmunt v Commissioner for Police, New South Wales Police Force; Marie Cmunt v Commissioner for Police, New South Wales Police Force [2018] NSWLEC 156 Hearing dates: 25 September 2018 Decision date: 25 September 2018 Jurisdiction: Class 6 Before: Moore J Decision: See [26] Catchwords: APPEAL AGAINST CONVICTION AND SENTENCE - charges pursuant to Protection of the Environment Operations Act 1997 - appellants convicted in Local Court - Local Court staff provided forms for an appeal to District Court - appeal should have been to Land and Environment Court - appeals struck out by District Court as no jurisdiction - summonses filed with Land and Environment Court seeking to appeal - summonses out of time - no jurisdiction to extend time - proposal to strike out appeals to Land and Environment Court - case stated to Court of Criminal Appeal Legislation Cited: Crimes (Appeal and Review) Act 2001 Criminal Appeal Act 1912, s 5BA(1) Land and Environment Court Act 1979 Protection of the Environment Operations Act 1997 Cases Cited: Denning v The Department of Environment and Conservation (2007) 153 LGERA 200; (2007) NSWLEC 258 Category: Principal judgment Parties: Mr J T Cmunt (Applicant) Mrs M Cmunt (Applicant) Commissioner of Police, New South Wales Police Force (Respondent) Representation: Counsel: Mr J T Cmunt, in person (Applicant) Mrs M Cmunt, in person (Applicant) Mr M Seymour, barrister (Respondent)