Gosford City Council v Beresford and Beresford Concrete Products Pty Ltd [2001] NSWLEC 43

Gosford City Council v Beresford and Beresford Concrete Products Pty Ltd [2001] NSWLEC 43

In light of the early guilty pleas, cooperation, remedial efforts, absence of prior convictions, contrition, community contribution, and the lack of actual harm, the penalty for the six water pollution offences should be at the lower end of the available range—totalling $10,000 and apportioned between the two defendants according to their responsibility.

Parties
Prosecutor: Gosford City Council; Defendant: Colin Paul Beresford; Defendant: Beresford Concrete Products Pty Ltd
Jurisdiction
Australia
Judgment Date
01 December 1999
Procedural Posture
Environmental Prosecution / Sentence Following Plea of Guilty
Outcome
Conviction and fine imposed; costs awarded to prosecutor.
Legal Topics
Water Pollution, Penalty, Mitigation, Sentencing Principles
Environmental Law Criminal Law Water Pollution Penalty Mitigation Sentencing Principles

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Parties

Gosford City Council

Prosecutor

Colin Paul Beresford

Defendant

Beresford Concrete Products Pty Ltd

Defendant

Procedural Posture

Environmental Prosecution / Sentence Following Plea of Guilty

Legal Issues

  1. 1 What is the appropriate penalty for the defendants' admitted offences of water pollution under s 16 of the Clean Waters Act 1970?

Ratio Decidendi

In light of the early guilty pleas, cooperation, remedial efforts, absence of prior convictions, contrition, community contribution, and the lack of actual harm, the penalty for the six water pollution offences should be at the lower end of the available range—totalling $10,000 and apportioned between the two defendants according to their responsibility.

Court Disposition

Conviction and fine imposed; costs awarded to prosecutor.

Orders

  • Conviction and fine of $5000 against Colin Paul Beresford (No 50030 of 1999) to be paid within one month.
  • Conviction and fine of $1000 against Beresford Concrete Products Pty Ltd (No 50031 of 1999) to be paid within one month.