Taylor v Environment Protection Authority

Case [2000] NSWCCA 71


NEW SOUTH WALES CRIMINAL COURT OF APPEAL

CITATION:     Taylor v Environment Protection Authority [2000]  NSWCCA 71

FILE NUMBER(S):
60060/99

HEARING DATE(S):           6 September 1999

JUDGMENT DATE:            25/08/2000

PARTIES:
Rodney Scott Taylor v Environment Protection Authority

JUDGMENT OF:      Meagher JA James J Sperling J   

LOWER COURT JURISDICTION: Land & Environment Court

LOWER COURT FILE NUMBER(S):        50093/98, 50094/98, 50095/98

LOWER COURT JUDICIAL OFFICER:     Lloyd J

COUNSEL:
 V M Heath
(Appellant)

D A Buchanan SC
(Respondent)

SOLICITORS:
Sheridan & Stubbs
(For Appellant)

S Garrett
(For Respondent)

CATCHWORDS:
CRIMINAL LAW & PROCEDURE - what constitutes an "information" - whether s 33(1) of the Pesticides Act 1978 requires proceedings to be commenced by information - whether a summons issued under Pt 75 r 7 of the NSW Land and Environment Court rules is an information - requirements for validity of an information - scope and application of a Lord Jervis provision curing defects in an information.

LEGISLATION CITED:
Criminal Appeal Act 1912; Pesticides Act 1978; Pesticides and Allied Chemicals (Amendment) Act 1987; Pesticides Act 1978; Land & Environment Court Act 1979; Justices Act 1902

DECISION:
Questions in stated case answered.

JUDGMENT:

IN THE COURT OF

CRIMINAL APPEAL

CCA60060/99

MEAGHER JA

JAMES J
  SPERLING J

Friday, 25 August 2000

Rodney Scott TAYLOR v ENVIRONMENT PROTECTION AUTHORITY
JUDGMENT

1    MEAGHER JA:       I agree with Sperling J.

SPERLING J:  Three stated cases by Lloyd J of the Land and Environment Court of New South Wales raise materially the same questions for determination by this Court.  The proceedings below bear the following serial numbers: 50093/98, 50094/98 and 50095/98.

Matter No.50093/98

2    I will deal first with the stated case in matter No. 55593/98.  It is in the following terms:

THE PROCEEDINGS

1.The proceedings are one of three concurrent prosecutions brought by the Environmental Protection Authority as Prosecutor against Rodney Scott TAYLOR, the Defendant, alleging that the Defendant has committed offences against section 33(1) of the Pesticides Act 1978 (NSW), being use of a registered pesticide in careless disregard of an instruction on a registered pesticide label.

2.The Defendant on notice moved for dismissal of the proceedings on the ground that no information was laid by the Prosecutor in accordance with section 59(3) of the Pesticides Act 1978. I heard the said motion on 11 September 1998 and delivered my Reasons for Judgment on 5 November 1998.

3.In delivering my Reasons, I proposed to dismiss the Defendant’s motion and the Defendant requested me to state questions of law pursuant to section 5A(1A) of the Criminal Appeal Act 1912 for determination by the Court of Criminal Appeal. I agreed to that request.

FACTS

I made the following findings of fact:

4.The prosecutor commenced each of these proceedings by way of summons filed on 2 June 1998 seeking an order under section 41 Land and Environment Court Act 1979 to appear. The order was issued on the same day.

5.The offence to which the summons refers is alleged to have been committed on or about 4 June 1997.

6.The Prosecutor clearly…

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Taylor v Environment Protection Authority [2000] NSWCCA 71
Case
[2000] NSWCCA 71
Decision Date

CaseChat Overview and Summary

In the case of Taylor v Environment Protection Authority, the respondent, the Environment Protection Authority, sought a declaration that the proceedings against the applicant were invalid due to procedural errors. The dispute was heard and determined by the Land and Environment Court of New South Wales. The primary issue before the court was whether the summons issued under Part 75 rule 7 of the NSW Land and Environment Court Rules constitutes an "information" as required by section 33(1) of the Pesticides Act 1978. The court was also required to determine if any procedural errors could be rectified under a Lord Jervis provision, which allows for the curing of defects in an information.

The court examined the nature of an "information" and whether it is a prerequisite for proceedings under section 33(1) of the Pesticides Act 1978. The court found that an "information" is a formal written statement of the offence, and the summons issued under Part 75 rule 7 of the NSW Land and Environment Court Rules did not meet the requirements of an information as it did not include a statement of the offence or a statement of facts. However, the court also considered the scope and application of a Lord Jervis provision to determine if the defects in the summons could be rectified. Ultimately, the court found that the defects in the summons were not curable under a Lord Jervis provision and that the proceedings against the applicant were invalid due to the failure to comply with the requirements of an "information."

The court concluded that the summons issued under Part 75 rule 7 of the NSW Land and Environment Court Rules did not constitute an "information" as required by section 33(1) of the Pesticides Act 1978. The court found that the defects in the summons were not curable under a Lord Jervis provision and that the proceedings against the applicant were invalid. The court did not provide any specific orders as the matter was determined in favour of the applicant.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

JAMES J (dissent)

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Ratio Decidendi

Legal Principle Established

Established by:

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