Morrison v Defence Maritime Services Pty Ltd and Coates [2007] NSWLEC 421

Morrison v Defence Maritime Services Pty Ltd and Coates [2007] NSWLEC 421

The owner and master were both strictly liable for a discharge of oil from the vessel into Sydney Harbour contrary to s 8 of the Marine Pollution Act 1987. Precautionary steps should have been taken at Garden Island to prevent further spillage. While only minor environmental harm resulted and mitigating factors existed (including good character and no prior convictions), strict liability and the failure to take available precautions preclude dismissal without conviction under s 10. Fines of $35,000 against the owner and $30,000 against the master are proportionate in all the circumstances.

Parties
Prosecutor: Anthony Morrison; Defendant: Defence Maritime Services Pty Ltd; Defendant: Allen Coates
Jurisdiction
Australia
Judgment Date
18 July 2007
Procedural Posture
Criminal Prosecution / Sentencing Judgment After Plea of Guilty
Outcome
Defendants found guilty and convicted. Fines imposed. s 10 application refused.
Legal Topics
Marine Pollution, Sentencing, Strict Liability Offences, Oil Discharge, Section 10 Application, Owner and Master Liability
Environmental Law Criminal Law Marine Pollution Sentencing Strict Liability Offences Oil Discharge Section 10 Application Owner and Master Liability

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Parties

Anthony Morrison

Prosecutor

Defence Maritime Services Pty Ltd

Defendant

Allen Coates

Defendant

Procedural Posture

Criminal Prosecution / Sentencing Judgment After Plea of Guilty

Legal Issues

  1. 1 What penalty should be imposed on the owner and master for breaching s 8 of the Marine Pollution Act 1987?
  2. 2 Should the proceedings be dismissed or the defendants discharged without a conviction under s 10 of the Crimes (Sentencing Procedure) Act 1999?
  3. 3 What is the extent and cause of the oil discharge?

Ratio Decidendi

The owner and master were both strictly liable for a discharge of oil from the vessel into Sydney Harbour contrary to s 8 of the Marine Pollution Act 1987. Precautionary steps should have been taken at Garden Island to prevent further spillage. While only minor environmental harm resulted and mitigating factors existed (including good character and no prior convictions), strict liability and the failure to take available precautions preclude dismissal without conviction under s 10. Fines of $35,000 against the owner and $30,000 against the master are proportionate in all the circumstances.

Court Disposition

Defendants found guilty and convicted. Fines imposed. s 10 application refused.

Orders

  • Anthony Morrison v Defence Maritime Services Pty Ltd: Defendant found guilty and convicted. Fine of $35,000 imposed. Costs reserved. Exhibits may be returned. Parties to obtain date for hearing as to costs.
  • Anthony Morrison v Allen Coates: Defendant found guilty and convicted. Fine of $30,000 imposed. Costs reserved. Exhibits may be returned. Parties to obtain date for hearing as to costs.