Prosecutions Update November 2014
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1 Prosecutions Update November MAGISTRATES' AND COUNTRY COURT Building Conviction and sentence appeal s.254 Criminal Procedure Act 2009 Not guilty Matters proven. Orders imposed by 10 April set aside. With conviction, fined $2,000 as part of an aggregate order. Ordered to pay costs of $19, Application for leave to appeal out of time s 263(1) Criminal Procedure Act 2009 N/A Application for leave to appeal out of time refused. Orders imposed by 10 April reinstated: Matters proven. With conviction, fined $2,000 as part of an aggregate order.
2 Domestic Animals November Melbourne Port Phillip Appeal against decision of a judicial registrar s 16K Act 1989 under s 10(1) Domestic Animals Act 1994 Kylie Walsh N/A Application refused. Food Act 1984 Exparte Matter proven. Without conviction, fined $1,000 as part of an aggregate order. Ordered to pay costs of $ Stay until 4 December. Guilty Charge one matter proven. Without conviction, fined $500 and ordered to pay costs of $1,049. Stay until 1 February Charges 2 4 were withdrawn upon consolidation. Guilty Charge one matter proven. Without conviction, placed on an adjourned undertaking to be of good behaviour until 6 November Charges 2 8 were withdrawn upon consolidation.
3 Local Government Act November Korumburra South Gippsland Shire Application for rehearing s 88 Criminal Procedure Act 2009 Appeal in respect of infringement issued under s 40 Local Government Act 1989 Elisabeth Brett N/A Application granted 6 November Korumburra South Gippsland Shire Application for revocation of enforcement order s 65 Infringements Act 2006 Appeal against infringement under s 40 Local Government Act 1989 Elisabeth Brett N/A Application refused. Boroondara cl 8(3)(c) Tree Protection Kylie Walsh Guilty Matter proven. Without conviction, fined $500. Stay until 8 March Boroondara cl 8(3)(c) Tree Protection Kylie Walsh Guilty Matter proven. Without conviction, fined $1,500 and ordered to pay costs of $2,351. Stay until 6 March November Melbourne Yarra City cl Roads and Land x2 Elisabeth Brett Guilty Charge 1 withdrawn. Charge 2 matter proven. Without conviction, the was placed on an adjourned undertaking to be of good behaviour for a period of 12
4 months and ordered to pay costs of $600. Stay until 25 December. Planning and Conviction and sentence appeal s 254 Criminal Procedure Act 2009 Not guilty Matters proven. Orders imposed by 10 April set aside. With conviction, fined $2,000 as part of an aggregate order. Ordered to pay costs of $19, Application for leave to appeal out of time s 263(1) Criminal Procedure Act 2009 N/A Application for leave to appeal out of time refused. Orders imposed by 10 April reinstated: Matters proven. With conviction, fined $2,000 as part of an aggregate order.
5 VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL Date of Orders Applicant Respondent Hearing Planning and 25 November Nillumbik Shire Domestic Animals Act November 10 November wish to discuss wish to discuss Names withheld contact solicitor wish to discuss Macedon Ranges Shire Macedon Ranges Shire s 114 Planning and Darren Wong The obtained an enforcement order for the completion of road works required by a permit condition, despite there being no timeframe for completion specified in the condition. Costs have been reserved. s 34 Domestic Animals Act Elisabeth Brett Application withdrawn pursuant to s 74 of the Victorian Civil and Administrative Act s 34 Domestic Animals Act Elisabeth Brett Application withdrawn pursuant to s 74 of the Victorian Civil and Administrative Act 1998.
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