Environment Protection Authority v Allan Andrew Keogh [1999] NSWLEC 231

Environment Protection Authority v Allan Andrew Keogh [1999] NSWLEC 231

The defendant is given a final opportunity to remediate the site to purge contempt, with custodial sentences suspended for twelve months. Monetary penalties are not imposed, as the defendant lacks means to pay and an immediate custodial sentence is considered prejudicial to his health. Totality principle applied to both convictions from related factual circumstances.

Parties
Prosecutor: Environment Protection Authority; Defendant: Allan Andrew Keogh
Jurisdiction
Australia
Judgment Date
26 August 1999
Procedural Posture
Contempt Proceedings and Environmental Offence / Post Conviction, Sentencing and Remedial Orders
Outcome
Conviction on both contempt charges; custodial sentences imposed and suspended for twelve months to allow remediation; fines and costs orders made with extended deadline; finding of contempt for failure to produce documents revoked.
Legal Topics
Illegal Waste Dumping, Contempt of Court, Remediation Orders, Sentencing, Costs
Environmental Law Criminal Law Illegal Waste Dumping Contempt of Court Remediation Orders Sentencing Costs

Case Brief

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Parties

Environment Protection Authority

Prosecutor

Allan Andrew Keogh

Defendant

Procedural Posture

Contempt Proceedings and Environmental Offence / Post Conviction, Sentencing and Remedial Orders

Legal Issues

  1. 1 Whether the defendant failed to comply with court consent orders requiring waste removal
  2. 2 Whether the defendant committed contempt by bringing additional material to the site in contravention of orders
  3. 3 What is the appropriate penalty and remedial order for contempt and environmental offences

Ratio Decidendi

The defendant is given a final opportunity to remediate the site to purge contempt, with custodial sentences suspended for twelve months. Monetary penalties are not imposed, as the defendant lacks means to pay and an immediate custodial sentence is considered prejudicial to his health. Totality principle applied to both convictions from related factual circumstances.

Court Disposition

Conviction on both contempt charges; custodial sentences imposed and suspended for twelve months to allow remediation; fines and costs orders made with extended deadline; finding of contempt for failure to produce documents revoked.

Orders

  • Finding of contempt for failure to produce documents in answer to subpoena revoked.
  • Defendant to pay prosecutor's costs of 21 September 1998 proceedings ($6,500).