Campbelltown City Council v Josevski [2009] NSWLEC 29

Campbelltown City Council v Josevski [2009] NSWLEC 29

Given that the offence was at the low end of seriousness, the defendant pleaded guilty at the earliest opportunity, and there was significant contrition and cooperation as well as limited harm and replacement trees ordered, a fine of $10,000 is appropriate. The offence warrants a conviction, a moderate fine, costs, and tree replacement and maintenance orders.

Jurisdiction
Australia
Judgment Date
10 March 2009
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentence
Legal Topics
['unlawful Destruction of Trees' 'development Without Consent' 'sentencing for Environmental Offences']
['environmental Law' 'criminal Law'] ['unlawful Destruction of Trees' 'development Without Consent' 'sentencing for Environmental Offences']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for the poisoning of six trees without development consent in contravention of s 125(1) of the Environmental Planning and Assessment Act 1979?']

Ratio Decidendi

Given that the offence was at the low end of seriousness, the defendant pleaded guilty at the earliest opportunity, and there was significant contrition and cooperation as well as limited harm and replacement trees ordered, a fine of $10,000 is appropriate. The offence warrants a conviction, a moderate fine, costs, and tree replacement and maintenance orders.

Court Disposition

conviction and sentence

Orders

  • ['The defendant is convicted.' 'The defendant is fined $10,000, payable within 28 days.' "The defendant is to pay the prosecutor's costs as agreed or assessed." 'The defendant to plant six replacement Eucalyptus creba trees of a pot size of 100 litres by 30 April 2009 and maintain them for three years, with...