Garrett v Williams, Craig Walter [2007] NSWLEC 96

Garrett v Williams, Craig Walter [2007] NSWLEC 96

The appropriate sentence for environmental offences of knowingly causing destruction of Aboriginal objects and damage to an Aboriginal place requires consideration of the significance of harm, the defendant’s state of mind, motive, remorse, restorative justice participation, and other mitigating or aggravating factors; here, the fines were set taking into account the absence of substantial harm, the defendant’s remorse and restorative efforts, pleas of guilty, and other mitigating circumstances.

Parties
Prosecutor: Stephen Garrett; Defendant: Craig Walter Williams
Jurisdiction
Australia
Judgment Date
27 February 2007
Procedural Posture
Criminal Prosecution / Sentencing After Plea of Guilty
Outcome
The defendant was convicted on all offences and fined in aggregate $1,400, with an order to pay the prosecutor’s costs.
Legal Topics
Destruction of Aboriginal Objects, Damage to Aboriginal Place, Sentencing, Restorative Justice
Environmental Law Criminal Law Aboriginal Heritage Law Destruction of Aboriginal Objects Damage to Aboriginal Place Sentencing Restorative Justice

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Parties

Stephen Garrett

Prosecutor

Craig Walter Williams

Defendant

Procedural Posture

Criminal Prosecution / Sentencing After Plea of Guilty

Legal Issues

  1. 1 What is the appropriate sentence for the defendant for destroying Aboriginal objects and damaging an Aboriginal place without consent under the National Parks and Wildlife Act 1974 (NSW)?
  2. 2 What is the relevance of restorative justice intervention to sentencing considerations?

Ratio Decidendi

The appropriate sentence for environmental offences of knowingly causing destruction of Aboriginal objects and damage to an Aboriginal place requires consideration of the significance of harm, the defendant’s state of mind, motive, remorse, restorative justice participation, and other mitigating or aggravating factors; here, the fines were set taking into account the absence of substantial harm, the defendant’s remorse and restorative efforts, pleas of guilty, and other mitigating circumstances.

Court Disposition

The defendant was convicted on all offences and fined in aggregate $1,400, with an order to pay the prosecutor’s costs.

Orders

  • The defendant is convicted of each of the offences as charged.
  • The defendant is fined $750 in relation to the offence charged in proceedings no 50016 of 2005.