Today, I’ve uploaded a podcast on a recent decision handed down by the Court of Criminal Appeal on the 15th of May. It is another appeal against a judgment of Justice Pepper regarding a sentence imposed for meter tampering under the Water Management Act. The appeal was upheld and looked at whether the meter recording water flows into the property was tampered for “financial gain” of the landholder.

The decision will be of interest to landholders accessing water from regulated rivers for domestic and agricultural purposes, and the use and misuse of meters for recording flow volumes. It also has implications for prosecuting authorities dealing with possible criminal offences under the Water Management Act. In particular, the higher onus of proof in criminal cases requires careful submissions and pleadings, even where a plea of guilty has been made.

To read the full text of the Harris v Harrison [2014] NSWCCA 84 decision, click here.

Click here to listen to podcast.