Wills v Ianelli & Others [2008] NSWLEC 300

Wills v Ianelli & Others [2008] NSWLEC 300

Antonio Ianelli and Cantrala Pty Ltd were liable to conviction because works were done without a permit on protected land associated with protected waters, a permit would not have been granted, and the works caused harmful results. Although the Defendants had mitigating circumstances including long compliance history, cooperation, agreement to pay costs, undertaking as to remediation and early guilty pleas, the objective gravity and deterrent purpose required fines of $15,000 for Mr Ianelli and $40,000 for Cantrala, reduced by 20% for the guilty pleas to $12,000 and $32,000 respectively.

Jurisdiction
Australia
Judgment Date
23 October 2008
Procedural Posture
Prosecution for Excavation on Protected Land Without Permit / Ex Tempore Sentencing Judgment After Guilty Pleas by Antonio Ianelli and Cantrala Pty Ltd; Remaining Matters Withdrawn
Outcome
Antonio Ianelli and Cantrala Pty Ltd were convicted and fined; each was ordered to pay agreed prosecution costs. The remaining matters 50002-50006 and 50008-50009 were withdrawn with no orders.
Legal Topics
['excavation on Protected Land Without Permit' 'protected Waters and Protected Land' 'sentencing for Environmental Offences' 'guilty Plea Discount' 'remediation and Prosecution Costs']
['environmental Law' 'water Law' 'criminal Law'] ['excavation on Protected Land Without Permit' 'protected Waters and Protected Land' 'sentencing for Environmental Offences' 'guilty Plea Discount' 'remediation and Prosecution Costs']

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Procedural Posture

Prosecution for Excavation on Protected Land Without Permit / Ex Tempore Sentencing Judgment After Guilty Pleas by Antonio Ianelli and Cantrala Pty Ltd; Remaining Matters Withdrawn

Legal Issues

  1. 1 ['Whether excavations were made on protected land without an authorising permit under Part 3A of the Rivers and Foreshores Improvement Act 1948.' 'What penalties should be imposed for the offences, having regard to environmental harm, culpability, deterrence, guilty pleas, cooperation, costs and proposed remediation.' 'Whether the remaining related prosecutions should be withdrawn after sentence in the two matters before the Court.']

Ratio Decidendi

Antonio Ianelli and Cantrala Pty Ltd were liable to conviction because works were done without a permit on protected land associated with protected waters, a permit would not have been granted, and the works caused harmful results. Although the Defendants had mitigating circumstances including long compliance history, cooperation, agreement to pay costs, undertaking as to remediation and early guilty pleas, the objective gravity and deterrent purpose required fines of $15,000 for Mr Ianelli and $40,000 for Cantrala, reduced by 20% for the guilty pleas to $12,000 and $32,000 respectively.

Court Disposition

Antonio Ianelli and Cantrala Pty Ltd were convicted and fined; each was ordered to pay agreed prosecution costs. The remaining matters 50002-50006 and 50008-50009 were withdrawn with no orders.

Orders

  • ['In matter 50001, Antonio Ianelli is convicted of the charge in the amended summons and fined $12,000.' "In matter 50001, Antonio Ianelli is ordered to pay the Prosecutor's costs in the agreed sum of $25,000." 'In matter 50007, Cantrala Pty Ltd is convicted of the charge in the amended summons and fined $32,000.'...