Willoughby City Council v Screnci

Land and Environment Court New South Wales Medium Neutral Citation: Willoughby City Council v Screnci [2015] NSWLEC 192 Hearing dates:16-18 June 2015; 17 November 2015Date of orders: 10 December 2015 Decision date: 10 December 2015 Jurisdiction:Class 5Before: Craig J Decision: Proceedings 50765 of 2014 1. To the extent necessary, give leave to the defendant to withdraw the plea of guilty entered on 27 March 2015 to the charge alleged in the amended summons filed that day. 2. Order that the defendant be acquitted of the charge alleged in the amended summons for the reason that the proceedings for the offence so charged were barred by the provisions of s 127(5) of the Environmental Planning and Assessment Act 1979. 3. The exhibits other than Exhibit A may be returned. Proceedings 50766 of 2014 4. To the extent necessary, give leave to the defendant to withdraw the plea of guilty entered on 27 March 2015 to the charge alleged in the amended summons filed that day. 5. Order that the defendant be acquitted of the charge alleged in the amended summons for the reason that the proceedings for the offence so charged were barred by the provisions of s 127(5) of the Environmental Planning and Assessment Act 1979. 6. The exhibits other than Exhibit B may be returned. Catchwords: CRIMINAL LAW – plea of guilty entered – sentence hearing held – application to withdraw guilty plea and enter plea in bar – offences against s 125(1) of the Environmental Planning and Assessment...