Grant Barnes, Chief Regulatory Officer, Natural Resources Access Regulator v O’Haire [2020] NSWLEC 158

Grant Barnes, Chief Regulatory Officer, Natural Resources Access Regulator v O’Haire [2020] NSWLEC 158

A monetary penalty is appropriate for each offence, reflecting moderate objective seriousness, deliberate and financially motivated offending, lack of contrition, some mitigating personal circumstances, and the need for both deterrence and denunciation. The penalties are adjusted for guilty plea, totality, and an order is made for publication to further serve deterrent purposes. Costs are imposed.

Jurisdiction
Australia
Judgment Date
19 November 2020
Procedural Posture
Criminal (environmental Offence Sentencing) / Sentencing After Plea of Guilty
Outcome
Defendant convicted on eight counts; monetary penalties imposed; publication and cost orders made.
Legal Topics
['unlawful Taking of Water' 'sentencing Principles' 'penalties for Environmental Offences' 'water Access Licences' 'publication Orders']
['environmental Law' 'water Law' 'criminal Law' 'sentencing'] ['unlawful Taking of Water' 'sentencing Principles' 'penalties for Environmental Offences' 'water Access Licences' 'publication Orders']

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Procedural Posture

Criminal (environmental Offence Sentencing) / Sentencing After Plea of Guilty

Legal Issues

  1. 1 ['What is the appropriate sentence for the defendant who pleaded guilty to eight offences of taking water otherwise than in accordance with a water allocation under s 60C(2) of the Water Management Act 2000?' 'How should the court consider factors including environmental harm, financial gain, contrition, and extra-curial punishment in determining sentence?']

Ratio Decidendi

A monetary penalty is appropriate for each offence, reflecting moderate objective seriousness, deliberate and financially motivated offending, lack of contrition, some mitigating personal circumstances, and the need for both deterrence and denunciation. The penalties are adjusted for guilty plea, totality, and an order is made for publication to further serve deterrent purposes. Costs are imposed.

Court Disposition

Defendant convicted on eight counts; monetary penalties imposed; publication and cost orders made.

Orders

  • ['For each charge, the defendant is convicted and fined ($21,250 for charge 1; $15,000 for charges 2-7; $20,000 for charge 8); half each fine is to be paid to the prosecutor.' 'Defendant is to publicise the offences in digital and print versions of The Land and Sunraysia Daily within 28 days, and provide evidence of...