Filipowski Barbara v Magnavia Schiffahrtsgesellschaft MBH & Co Kommanditgesellschaft, Pablo Dion and Suzanic Branco [2007] NSWLEC 404

Filipowski Barbara v Magnavia Schiffahrtsgesellschaft MBH & Co Kommanditgesellschaft, Pablo Dion and Suzanic Branco [2007] NSWLEC 404

The prosecutor did not prove beyond reasonable doubt that 113.9 to 143.9 litres of oil was discharged. The Court found on the balance of probabilities that 30 to 40 litres leaked from the bow thruster and that the homemade plastic pipe to the No. 4 tank was not a significant contributory factor. The owner, having pleaded guilty and accepted overall responsibility, was convicted and fined $25,000. The Master and Chief Engineer had no practical means of identifying or preventing the leak, had good records, cooperated, and were entitled to s 10(1) dismissals despite the offences being proved.

Jurisdiction
Australia
Judgment Date
05 July 2007
Procedural Posture
Prosecution for Oil Pollution Offences Under the Marine Pollution Act 1987 / Sentencing After Guilty Pleas
Outcome
Offences proved against all defendants. The owner was convicted and fined $25,000. The charges against the Master and Chief Engineer were dismissed under s 10(1) of the Crimes (Sentencing Procedure) Act 1999. Each defendant was ordered to pay the prosecutor's costs unless a contrary Notice of Motion was filed within...
Legal Topics
['oil Pollution' 'discharge of Oil Into State Waters' 'sentencing' 'section 10 Dismissal' 'marine Pollution Offences']
['environmental Law' 'criminal Law' 'maritime Law'] ['oil Pollution' 'discharge of Oil Into State Waters' 'sentencing' 'section 10 Dismissal' 'marine Pollution Offences']

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Procedural Posture

Prosecution for Oil Pollution Offences Under the Marine Pollution Act 1987 / Sentencing After Guilty Pleas

Legal Issues

  1. 1 ["What caused the oil discharge from the Magnavia's bow thruster into Brotherson Dock." 'What volume of oil was discharged.' 'What penalties or orders should be imposed on the owner, the Master and the Chief Engineer after guilty pleas.' 'Whether s 10(1) of the Crimes (Sentencing Procedure) Act 1999 should be applied to the Master and the Chief Engineer.']

Ratio Decidendi

The prosecutor did not prove beyond reasonable doubt that 113.9 to 143.9 litres of oil was discharged. The Court found on the balance of probabilities that 30 to 40 litres leaked from the bow thruster and that the homemade plastic pipe to the No. 4 tank was not a significant contributory factor. The owner, having pleaded guilty and accepted overall responsibility, was convicted and fined $25,000. The Master and Chief Engineer had no practical means of identifying or preventing the leak, had good records, cooperated, and were entitled to s 10(1) dismissals despite the offences being proved.

Court Disposition

Offences proved against all defendants. The owner was convicted and fined $25,000. The charges against the Master and Chief Engineer were dismissed under s 10(1) of the Crimes (Sentencing Procedure) Act 1999. Each defendant was ordered to pay the prosecutor's costs unless a contrary Notice of Motion was filed within...

Orders

  • ['Matter No. 50072 of 2005: The offence is proved.' 'Matter No. 50072 of 2005: The defendant is convicted.' 'Matter No. 50072 of 2005: The defendant is ordered to pay a monetary by way of fine in the sum of $25 000.' "Matter No. 50072 of 2005: The defendant is ordered to pay the prosecutor's costs unless a Notice of...