Water NSW v Barlow [2019] NSWLEC 30

Water NSW v Barlow [2019] NSWLEC 30

Mr Barlow was convicted for taking water during an embargo and for taking water when metering equipment was not operating properly, contrary to ss 336C(1) and 91I(2) of the Water Management Act 2000. The Court assessed objective seriousness as medium for the embargo offence and low for the metering offences, discounted penalties for the late guilty plea, and ordered fines and legal costs accordingly, applying the totality principle to ensure proportionality.

Jurisdiction
Australia
Judgment Date
22 March 2019
Procedural Posture
Criminal / Sentence
Outcome
Conviction with fines and costs order
Legal Topics
['water Management Offences' 'environmental Sentencing' 'ministerial Directions' 'metering Requirements' 'strict Liability Offences']
['environmental Law' 'criminal Law'] ['water Management Offences' 'environmental Sentencing' 'ministerial Directions' 'metering Requirements' 'strict Liability Offences']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Whether Mr Barlow was guilty of taking water in contravention of a Ministerial direction under s 336C(1) of the Water Management Act 2000' 'Whether Mr Barlow was guilty of taking water when metering equipment was not operating properly in contravention of s 91I(2) of the Water Management Act 2000' 'Assessment of the objective and subjective seriousness of the offences for sentencing']

Ratio Decidendi

Mr Barlow was convicted for taking water during an embargo and for taking water when metering equipment was not operating properly, contrary to ss 336C(1) and 91I(2) of the Water Management Act 2000. The Court assessed objective seriousness as medium for the embargo offence and low for the metering offences, discounted penalties for the late guilty plea, and ordered fines and legal costs accordingly, applying the totality principle to ensure proportionality.

Court Disposition

Conviction with fines and costs order

Orders

  • ['Mr Anthony Barlow is convicted of the offence against s 336C(1) of the Water Management Act 2000 (proceedings 2018/75634), the offence against s 91I(2) of the Water Management Act 2000 (proceedings 2018/75635), and a second offence against s 91I(2) of the Water Management Act 2000 (proceedings 2018/75633).' 'Mr...