Waverley Council v Boris Meck [2005] NSWLEC 655
The defendant was convicted of carrying out development without consent, but the court found the objective gravity and culpability to be low; the defendant mistakenly but not unreasonably believed the works were structural and not for use without further approval, and mitigating circumstances warranted a moderate penalty.
- Jurisdiction
- Australia
- Judgment Date
- 20 September 2005
- Procedural Posture
- Criminal Prosecution / Sentence After Plea of Guilty
- Outcome
- conviction with penalty imposed
- Legal Topics
- ['development Without Consent' 'mitigating Factors in Sentencing']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Prosecution / Sentence After Plea of Guilty
Legal Issues
- 1 ['Whether the defendant carried out development without required consent in breach of Environmental Planning and Assessment Act 1979 s125' 'Appropriate penalty and assessment of mitigating circumstances']
Ratio Decidendi
The defendant was convicted of carrying out development without consent, but the court found the objective gravity and culpability to be low; the defendant mistakenly but not unreasonably believed the works were structural and not for use without further approval, and mitigating circumstances warranted a moderate penalty.
Court Disposition
conviction with penalty imposed
Orders
- ['The Defendant is convicted of the offence as charged.' 'A penalty of $20,000 is imposed in respect of that conviction.' "The Defendant shall pay the Prosecutor's reasonable legal costs in the agreed amount of $20,000." 'The exhibits, except for Exhibit 1 being the Statement Of Agreed Facts, may be returned.']
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