Chief Executive, Office of Environment and Heritage v Fish (No 2) [2014] NSWLEC 67

Chief Executive, Office of Environment and Heritage v Fish (No 2) [2014] NSWLEC 67

A fine at the lower end of the scale is warranted in light of the significant, but not contumacious, breach of court order under s 206 of the National Parks and Wildlife Act 1974. The Defendant’s efforts, lack of intention to undermine the court, heavy financial circumstances, and the absence of actual environmental harm were mitigating. The integrity of the court’s orders and general deterrence nevertheless require conviction, a substantial (though discounted) fine, and an award of costs.

Jurisdiction
Australia
Judgment Date
02 June 2014
Procedural Posture
Environmental Criminal Prosecution / Sentencing After Plea of Guilty
Outcome
conviction; fine imposed; costs ordered
Legal Topics
['failure to Comply With Court Order' 'sentencing' 'capacity to Pay Fines' 'statutory Offences' 'contempt Analogies' 'koala Habitat Restoration']
['environmental Law' 'criminal Law'] ['failure to Comply With Court Order' 'sentencing' 'capacity to Pay Fines' 'statutory Offences' 'contempt Analogies' 'koala Habitat Restoration']

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Procedural Posture

Environmental Criminal Prosecution / Sentencing After Plea of Guilty

Legal Issues

  1. 1 ['Appropriate sentence for failing to comply with court order under National Parks and Wildlife Act 1974 s 206' 'Consideration of financial circumstances in sentencing' 'Objective seriousness of breach of order']

Ratio Decidendi

A fine at the lower end of the scale is warranted in light of the significant, but not contumacious, breach of court order under s 206 of the National Parks and Wildlife Act 1974. The Defendant’s efforts, lack of intention to undermine the court, heavy financial circumstances, and the absence of actual environmental harm were mitigating. The integrity of the court’s orders and general deterrence nevertheless require conviction, a substantial (though discounted) fine, and an award of costs.

Court Disposition

conviction; fine imposed; costs ordered

Orders

  • ['The Defendant is convicted of the offence as charged.' "The Defendant is fined the sum of $25,000 to be paid to the Registrar of the Court within 28 days of today's date." "The Defendant is to pay the Prosecutor's costs of $8,500 pursuant to s 257B of the Criminal Procedure Act 1986."]