Director-General of the Department of Land and Water Conservation v Greentree & Anor

(2003) 131 LGERA 234; [2003] NSWCCA 31

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Liability and capacity
3. › Mens rea
4. › Strict liability offences
5. › Whether mens rea an element of environmental offence
6. › Presumption against mens rea displaced by statutory context
7. › Native Vegetation Conservation Act 1997 (NSW), ss 17(1), 21(2), 65
1. Criminal Law
2. › Liability and capacity
3. › Vicarious liability
4. › Criminal vicarious liability for statutory offences
5. › Whether corporation or person vicariously liable for clearing by servants or agents
6. › Native Vegetation Conservation Act 1997 (NSW), s 21(2)
1. Criminal Law
2. › Double jeopardy
3. › Prosecution stage
4. › Whether charging same person personally and as director of corporation constitutes double jeopardy
5. › Whether s 21(2) and s 65 create distinct offences
6. › Native Vegetation Conservation Act 1997 (NSW), ss 21(2), 65(1)
1. Criminal Law
2. › Criminal procedure
3. › Particulars
4. › Adequacy of particulars
5. › Whether prosecution required to specify precise terms of instructions to clear vegetation
6. › Whether prosecution required to specify dates and acts of clearing by each employee

Quick Take

Offences of clearing native vegetation under s 21(2) of the Native Vegetation Conservation Act 1997 (NSW) are strict liability offences; mens rea is not an element. Vicarious liability applies, so corporations and individuals may be liable for clearing carried out by servants or agents. Charging a person both personally under s 21(2) and as a director under s 65(1) does not constitute double jeopardy at the prosecution stage because the provisions create distinct offences with different elements, though double punishment must be avoided at sentencing.