North Sydney Council v Littlemore [2003] NSWLEC 336

North Sydney Council v Littlemore [2003] NSWLEC 336

The defendant, despite being aware of the obligation to obtain a construction certificate before commencing building work, authorised the commencement of construction in response to practical difficulties with a drainage condition. Because the offence brought no personal benefit, the defendant had an unblemished record, pleaded guilty early, and would face significant financial burden from costs, it was appropriate to record a finding of guilt but not proceed to conviction under s 10 Crimes (Sentencing Procedure) Act 1999.

Parties
Prosecutor: North Sydney Council; Defendant: David Anthony Lidwell Littlemore
Jurisdiction
Australia
Judgment Date
05 November 2003
Procedural Posture
Criminal Prosecution / Judgment After Guilty Plea
Outcome
Defendant found guilty without conviction
Legal Topics
Development Consent, Breach of Development Conditions, Building Compliance, Sentencing Without Conviction
Planning and Environment Law Criminal Law Development Consent Breach of Development Conditions Building Compliance Sentencing Without Conviction

Case Brief

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Parties

North Sydney Council

Prosecutor

David Anthony Lidwell Littlemore

Defendant

Procedural Posture

Criminal Prosecution / Judgment After Guilty Plea

Legal Issues

  1. 1 Whether the defendant should be convicted for commencing building work prior to the issue of a construction certificate contrary to s 81A(2) Environmental Planning and Assessment Act 1979
  2. 2 Whether a non-conviction order under s 10 Crimes (Sentencing Procedure) Act 1999 is appropriate

Ratio Decidendi

The defendant, despite being aware of the obligation to obtain a construction certificate before commencing building work, authorised the commencement of construction in response to practical difficulties with a drainage condition. Because the offence brought no personal benefit, the defendant had an unblemished record, pleaded guilty early, and would face significant financial burden from costs, it was appropriate to record a finding of guilt but not proceed to conviction under s 10 Crimes (Sentencing Procedure) Act 1999.

Court Disposition

Defendant found guilty without conviction

Orders

  • No conviction to be recorded against the defendant pursuant to s 10 Crimes (Sentencing Procedure) Act 1999
  • Defendant to pay the council's costs as agreed or assessed