Willoughby City Council v Revelas [2004] NSWLEC 147

Willoughby City Council v Revelas [2004] NSWLEC 147

The defendant's belief that the tree had become dangerous was not objectively reasonable, and neither the statutory defence nor honest and reasonable mistake of fact exculpated him from liability for the strict liability environmental offence.

Jurisdiction
Australia
Judgment Date
08 April 2004
Procedural Posture
Criminal / Liability Judgment
Outcome
guilty
Legal Topics
['tree Preservation Order Offence' 'strict Liability' 'statutory Defence' 'honest and Reasonable Mistake']
['environmental Law' 'planning Law' 'local Government Law'] ['tree Preservation Order Offence' 'strict Liability' 'statutory Defence' 'honest and Reasonable Mistake']

Case Brief

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Procedural Posture

Criminal / Liability Judgment

Legal Issues

  1. 1 ['whether defendant injured tree without council consent contrary to TPO' 'availability of statutory defence under cl 8(6) Model Provisions' 'availability of honest and reasonable mistake of fact as exculpation']

Ratio Decidendi

The defendant's belief that the tree had become dangerous was not objectively reasonable, and neither the statutory defence nor honest and reasonable mistake of fact exculpated him from liability for the strict liability environmental offence.

Court Disposition

guilty

Orders

  • ['Defendant found guilty of the offence charged.' "Questions of sentence and costs reserved with liberty to restore on five days' notice."]