Willoughby City Council v Revelas [2004] NSWLEC 138

Willoughby City Council v Revelas [2004] NSWLEC 138

The defendant is convicted of carrying out development without development consent in contravention of the Environmental Planning and Assessment Act 1979, s 125. Despite honest mistaken belief, the mistake was one of law, not fact, and thus is not excusable. The gravity of the offence is elevated due to extensive works, lack of reasonable foundation for the belief that consent was covered, and failure to seek proper advice. Mitigating factors warrant a 50% reduction in penalty, but do not justify discharge under s 10; the appropriate penalty is conviction and a fine of $10,000.

Jurisdiction
Australia
Judgment Date
08 April 2004
Procedural Posture
Criminal Prosecution / Sentencing Judgment
Outcome
convicted and fined
Legal Topics
['unauthorised Development' 'development Consent' 'strict Liability Offences' 'sentencing' 'mitigating Circumstances' 'application for Discharge']
['environmental Law' 'criminal Law' 'local Government Law'] ['unauthorised Development' 'development Consent' 'strict Liability Offences' 'sentencing' 'mitigating Circumstances' 'application for Discharge']

Case Brief

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Procedural Posture

Criminal Prosecution / Sentencing Judgment

Legal Issues

  1. 1 ['Whether the defendant committed an offence by carrying out development without development consent under the Environmental Planning and Assessment Act 1979, s 125' 'Whether mitigating circumstances justify discharge under Crimes (Sentencing Procedure) Act 1999, s 10' 'Proper sentencing of strict liability environmental offences']

Ratio Decidendi

The defendant is convicted of carrying out development without development consent in contravention of the Environmental Planning and Assessment Act 1979, s 125. Despite honest mistaken belief, the mistake was one of law, not fact, and thus is not excusable. The gravity of the offence is elevated due to extensive works, lack of reasonable foundation for the belief that consent was covered, and failure to seek proper advice. Mitigating factors warrant a 50% reduction in penalty, but do not justify discharge under s 10; the appropriate penalty is conviction and a fine of $10,000.

Court Disposition

convicted and fined

Orders

  • ['Defendant is convicted of the offence as charged.' 'A penalty of $10,000 is imposed.' "Defendant is to pay Prosecutor's costs in the sum agreed, or failing agreement, in accordance with s 253 of the Criminal Procedure Act 1986." 'Exhibits be returned.' 'Fine to be paid to Council in accordance with the Local...