In a judgement delivered on three related appeals this week, Her Honour Justice Pritchard confirmed that principle in the decision of Mocilac v City of Fremantle [2014] WASC 56 which stated that the date contained in the charge of a planning offence is not an essential element of the offence (when considering the 12 month limitation period for commencing prosecutions which is in the Criminal Procedure Act 2004).
The full case can be found HERE
This new decision further strengthens the principle contained in the Mocilac decision which essentially allows local governments more time to commence prosecutions on planning offences.
An analysis of that decision can be found HERE
For more information on this update please contact Anne Wood on (08) 9321 3755.
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