Land and Environment Court
New South Wales
Medium Neutral Citation: Moore v Environment Protection Authority [2021] NSWLEC 87 Hearing dates: 22, 25 March 2021 and 1 June 2021 Date of orders: 23 August 2021 Decision date: 23 August 2021 Jurisdiction: Class 6 Before: Pain J Decision: (1) The conviction appeal of proceedings 18/267754 in the Local Court is dismissed pursuant to s 39(1)(b) of the Crimes (Appeal and Review) Act 2001 (NSW).
Catchwords: CRIMINAL – appeal against conviction in local court of causing injury with pesticide use – individual exposed to diazinon from macadamia farm while driving on public road – new evidence of pharmacologist allowed in appeal – exposure and injury proved beyond reasonable doubt – conviction appeal dismissed
Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) ss 3, 31, 37, 38, 39, 49
Crimes (Sentencing Procedure) Act 1999 (NSW) ss 9, 10
Criminal Procedure Act 1986 (NSW) s 215
Pesticides Act 1999 (NSW) ss 3, 4, 10, 71, 97, 107, 111
Pesticides Regulation 2017 (NSW)
Cases Cited: Chararav The Queen (2006) 164 A Crim R 39; [2006] NSWCCA 244
Day v Perisher Blue Pty Ltd (2005) 62 NSWLR 731; [2005] NSWCA 110
De Battista v Shoalhaven City Council [2020] NSWLEC 164
Devries v Australian National Railways Commission (1993) 177 CLR 472; [1993] HCA 78
Director of Public Prosecutions v Earl Burns (2010) 207 A Crim R 362; [2010] NSWCA 265
Environment Protection Authority v Leafair Pty Ltd [2007] NSWLEC 228
Fox v Percy (2003) 214 CLR 118; [2003] HCA 22
Galeav Galea (1990) 19 NSWLR 263
Gianoutsos v Glykis [2006] NSWCCA 137
Green v The Queen (1971) 126 CLR 28; [1971] HCA 55
McClelland v Environment Protection Authority [2021] NSWLEC 25
Pell v The Queen [2020] HCA 12
SS Hontestroom v SSSagaporack [1927] AC 37
Texts Cited: Australian Macadamia Society, Best Practice Guidelines for the Application of Chemicals in Macadamia Orchards (July 2011)
ChemCert Australia, Chemical Users Handbook
Commonwealth Primary Industries Standing Committee, Spray Drift Management: Principles Strategies and Supporting Information (October 2002)
NSW Judicial Commission Criminal Trial Courts Bench Book (as at 22 March 2021)
Second Reading Speech to the Pesticides Bill 1999 (New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 28 October 1999 at 2351-2357)
Category: Principal judgment Parties: William Robert Moore (Appellant)
Environment Protection Authority (Respondent)Representation: COUNSEL:
SOLICITORS:
S Anderson (Appellant)
E Anderson (Respondent)
Sommerville Laundry Lomas (Appellant)
Environment Protection Authority (Respondent)
File Number(s): 20/213668 Decision under appeal
- Court or tribunal:
- Local Court
- Jurisdiction:
- Criminal
- Date of Decision:
- 23 June 2020
- Before:
- Magistrate K Stafford
- File Number(s):
- 18/267754
Judgment
-
The Appellant William Moore was charged with an offence against s 10(1)(a) of the Pesticides Act 1999 (NSW) of using a pesticide in a manner that caused injury to the complainant Luke Sansom. Following a five-day hearing…
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- AGLC
- Moore v Environment Protection Authority [2021] NSWLEC 87
- Case
- [2021] NSWLEC 87
- Decision Date
CaseChat Overview and Summary
The court found that Mr. Moore had not demonstrated a real prospect of success on appeal. It was noted that the evidence presented in the Local Court was comprehensive and that the findings of fact made by the Local Court Magistrate were well supported by the evidence. The court considered the statutory criteria and concluded that the appeal did not have a reasonable prospect of success. The appeal was dismissed pursuant to section 39(1)(b) of the Crimes (Appeal and Review) Act 2001 (NSW), which allows the court to dismiss an appeal if it is of the opinion that the appeal has no reasonable prospect of success.
The final order was that the conviction appeal of proceedings 18/267754 in the Local Court is dismissed pursuant to section 39(1)(b) of the Crimes (Appeal and Review) Act 2001 (NSW). This decision confirms the original conviction and reinforces the importance of demonstrating a real prospect of success when appealing against a conviction in such matters.
Orders
Orders of the court
(1) The conviction appeal of proceedings 18/267754 in the Local Court is dismissed pursuant to s 39(1)(b) of the Crimes (Appeal and Review) Act 2001 (NSW).
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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