The chainsaw and the injured banksias

This week, we continue the theme of environmental crime and novel pleadings. The judgment of Pain J in Council of the City of Shoalhaven v Wilson [2015] NSWLEC 93 involved a defendant making submissions on sentencing about mental health and intoxication. The self-induced intoxication was held to be irrelevant for the purposes of sentencing, whereas…

POSTSCRIPT: Rafailidis appeal dismissed

The Court of Appeal recently handed down judgment in Rafailidis v Roads and Maritime Services [2015] NSWCA 143, dismissing Mrs Koula Rafailidis’ appeal against the judgments of Craig J and Sheahan J. Our earlier blog on Castle-style arguments in compulsory acquisition litigation examined one of these cases at first instance. The Court of Appeal (Beazley P,…