Filipowski v Cadem Shipping Pty Limited & Anor [2005] NSWLEC 552

Filipowski v Cadem Shipping Pty Limited & Anor [2005] NSWLEC 552

The Master is entitled to the benefit of s 10, as all prudent steps were taken and no further measures would have prevented the spill; the owner is to be fined given the strict liability imposed by statute and fact of environmental harm. Both defendants must pay prosecution's costs.

Parties
Prosecutor: Barbara Filipowski; Defendant: Cadem Shipping Pty Limited; Defendant: Guy Laurence Clark
Jurisdiction
Australia
Judgment Date
07 October 2005
Procedural Posture
Criminal Prosecution / Sentencing and Orders
Outcome
Guilty finding and conviction for owner; offence proved against Master but charge dismissed under s 10; fine imposed; costs ordered.
Legal Topics
Marine Pollution, Strict Liability Offences, Sentencing Discretion, Costs in Criminal Proceedings
Environmental Law Criminal Law Marine Pollution Strict Liability Offences Sentencing Discretion Costs in Criminal Proceedings

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Parties

Barbara Filipowski

Prosecutor

Cadem Shipping Pty Limited

Defendant

Guy Laurence Clark

Defendant

Procedural Posture

Criminal Prosecution / Sentencing and Orders

Legal Issues

  1. 1 Liability for discharge of oil under Marine Pollution Act 1987
  2. 2 Appropriate exercise of sentencing discretion under s 10 Crimes (Sentencing Procedure) Act 1999 for strict liability offence
  3. 3 Assessment of environmental harm as consequence of oil spill

Ratio Decidendi

The Master is entitled to the benefit of s 10, as all prudent steps were taken and no further measures would have prevented the spill; the owner is to be fined given the strict liability imposed by statute and fact of environmental harm. Both defendants must pay prosecution's costs.

Court Disposition

Guilty finding and conviction for owner; offence proved against Master but charge dismissed under s 10; fine imposed; costs ordered.

Orders

  • In matter No 50044 of 2004, defendant Cadem Shipping Pty Limited found guilty and convicted.
  • A penalty of $50,000 is imposed on Cadem Shipping Pty Limited.