Commonwealth Director of Public Prosecutions v Sims E-Recycling Pty Ltd [2018] NSWSC 1907

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth Director of Public Prosecutions v Sims E-Recycling Pty Ltd [2018] NSWSC 1907 Hearing dates: 29 November 2018 Date of orders: 11 December 2018 Decision date: 11 December 2018 Jurisdiction: Common Law Before: Wilson J Decision: (1) Leave is granted to the plaintiff pursuant to s 57(1) of the Crimes (Appeal and Review) Act 2001 (NSW) to appeal against the interlocutory orders made by the Local Court on 12 July 2018. (2) The orders of the Local Court holding sequences 2 and 3 bad for duplicity are set aside, pursuant to s 59(2)(a) of the Crimes (Appeal and Review) Act 2001 (NSW). (3) The matter is remitted to the Local Court for hearing according to law. It is noted that the matter is listed for mention before that court on 18 December 2018. (4) Costs on an ordinary basis in favour of the plaintiff. Catchwords: APPEAL FROM THE LOCAL COURT – interlocutory orders – whether charges bad for duplicity – whether "rolled-up" charges permissible – question of unfairness to defendant – no point of principle Legislation Cited: Crimes (Appeal and Review Act) 2001 (NSW) Criminal Code (Cth) Hazardous Wastes (Regulation of Exports and Imports) Act (1989) (Cth) Cases Cited: Director of Public Prosecutions v Hamzy (1994) 74 A Crim R 41 Director of Public Prosecutions v Merriman (1973) AC 584 Johnson v Miller (1937 – 38) 59 CLR 489 R v Hamzy (1994) 74 A Crim R 341 R v Moussad (1999) 152 FLR 373; [1999] NSWCCA 337 S v The Queen [1989] 168 CLR 266 Walsh v Tatterstall (1996) 188 CLR 77 Category: Principal judgment Parties: Commonwealth Director of Public Prosecutions (Plaintiff/Applicant) Sims E-Recycling Pty Ltd (Defendant/Respondent) Representation: Counsel: Mr L A Fernandez – Crown (Plaintiff/Applicant) Mr M Higgins (Defendant/Respondent)