Thaler v Cooma Monaro Shire Council

Land and Environment Court New South Wales Medium Neutral Citation: Thaler v Cooma Monaro Shire Council [2015] NSWLEC 119 Hearing dates:9 and 10 September 2014Date of orders: 31 July 2015 Decision date: 31 July 2015 Jurisdiction:Class 6Before: Craig J Decision: (1)   Appeal against conviction in each of Cooma Local Court proceedings 12/201083, 12/146618 and 12/80652 is dismissed. (2)   Order that the appellant pay the respondent’s costs of the appeal, the quantum of those costs, when agreed or determined, must be paid to the respondent within three months from the date of such agreement or within three months from the date of service upon the appellant of the determination of costs payable by him. (3)   Exhibits may be returned. Catchwords: APPEAL – offences against s 125(1) of Environmental Planning and Assessment Act 1979 (NSW) – failure to cease using premises in manner inconsistent with conditions of development consent – Order under s 121B of the Environmental Planning and Assessment Act - appeal against conviction only – oral application for leave to appeal against sentence time barred – nature of appeal hearing under s 37 of the Crimes (Appeal and Review) Act - leave to adduce further evidence confined to s 10 of Crimes (Sentencing Procedure) Act 1999 (NSW) – offences proved beyond reasonable doubt – offences not trivial - no proper basis to set aside conviction under s 10 of Crimes (Sentencing Procedure) Act - appeal dismissed – order for costs Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) Crimes...