Ku-ring-gai Council v Edgar [2017] NSWLEC 49

Ku-ring-gai Council v Edgar [2017] NSWLEC 49

The agreed facts established that the Defendant, as a tree-lopping contractor, removed 74 protected trees without Council consent in breach of s 125(1) of the Environmental Planning and Assessment Act 1979. The extent of clearing, its visual impact, its impact on an endangered ecological community and threatened species habitat, and the expected 3 to 5 year recovery period meant the harm was substantial and an aggravating factor. The work was also undertaken for financial gain, as the Defendant was paid $16,000. The offending was of moderate seriousness, so s 10 of the Crimes (Sentencing Procedure) Act 1999 was not appropriate. A starting fine of $45,000 was reduced by one-third for...

Jurisdiction
Australia
Judgment Date
01 May 2017
Procedural Posture
Class 5 Prosecution for an Offence Against S 125(1) of the Environmental Planning and Assessment Act 1979 / Sentence Following Plea of Guilty
Outcome
Defendant convicted, fined $16,000, and ordered to pay the Prosecutor's costs as agreed or assessed.
Legal Topics
['tree Removal Without Council Consent' 'tree Preservation Order' 'environmental Harm as Aggravating Factor' 'financial Gain as Aggravating Factor' 'guilty Plea Discount' 'specific and General Deterrence' "offender's Means to Pay Fine" "prosecutor's Costs"]
['environmental Law' 'planning Law' 'criminal Sentencing'] ['tree Removal Without Council Consent' 'tree Preservation Order' 'environmental Harm as Aggravating Factor' 'financial Gain as Aggravating Factor' 'guilty Plea Discount' 'specific and General Deterrence' "offender's Means to Pay Fine" "prosecutor's Costs"]

Case Brief

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Procedural Posture

Class 5 Prosecution for an Offence Against S 125(1) of the Environmental Planning and Assessment Act 1979 / Sentence Following Plea of Guilty

Legal Issues

  1. 1 ["Whether the defendant's guilty plea was properly founded on the agreed facts" 'Whether the unlawful removal of 74 protected trees caused substantial environmental harm and was an aggravating factor under s 21A(2)(g) of the Crimes (Sentencing Procedure) Act 1999' 'Whether the offence was committed for financial gain and was an aggravating factor under s 21A(2)(o) of the Crimes (Sentencing Procedure) Act 1999' 'Whether the defendant should be dealt with without conviction or penalty under s 10 of the Crimes (Sentencing Procedure) Act 1999' "What fine was appropriate after allowing for the early guilty plea, mitigating factors, deterrence, the defendant's financial capacity, and the prosecutor's costs"]

Ratio Decidendi

The agreed facts established that the Defendant, as a tree-lopping contractor, removed 74 protected trees without Council consent in breach of s 125(1) of the Environmental Planning and Assessment Act 1979. The extent of clearing, its visual impact, its impact on an endangered ecological community and threatened species habitat, and the expected 3 to 5 year recovery period meant the harm was substantial and an aggravating factor. The work was also undertaken for financial gain, as the Defendant was paid $16,000. The offending was of moderate seriousness, so s 10 of the Crimes (Sentencing Procedure) Act 1999 was not appropriate. A starting fine of $45,000 was reduced by one-third for...

Court Disposition

Defendant convicted, fined $16,000, and ordered to pay the Prosecutor's costs as agreed or assessed.

Orders

  • ['Craig Maurice Edgar (the Defendant), is convicted of an offence against s 125(1) of the Environmental Planning and Assessment Act 1979 in that, between on or about 6 October 2014 and on or about 21 October 2014, without consent he lopped and removed trees which were prohibited to be lopped and removed without such...