EPA v Colenden Pty Ltd [2007] NSWLEC 289
The appropriate sentence for Colenden Pty Ltd, having pleaded guilty to polluting waters contrary to s 120(1) of the Protection of the Environment Operations Act 1997, is a fine of $25,500 (after a 25% discount for an early plea), having regard to the moderate objective seriousness of the offence, potential for harm, steps taken to rectify and prevent recurrence, and other mitigating circumstances.
- Parties
- Applicant: Environment Protection Authority; Respondent: Colenden Pty Ltd
- Jurisdiction
- Australia
- Judgment Date
- 25 May 2007
- Procedural Posture
- Criminal Prosecution / Sentence
- Outcome
- conviction and fine imposed
- Legal Topics
- Pollution of Waters, Sentencing, Environmental Harm, Penalty Assessment
Case Brief
Summary, issues, holding and outcome
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Parties
Environment Protection Authority
Applicant
Colenden Pty Ltd
Respondent
Procedural Posture
Criminal Prosecution / Sentence
Legal Issues
- 1 What is the appropriate sentence for Colenden Pty Ltd following a guilty plea to polluting waters under s 120(1) of the Protection of the Environment Operations Act 1997?
Ratio Decidendi
The appropriate sentence for Colenden Pty Ltd, having pleaded guilty to polluting waters contrary to s 120(1) of the Protection of the Environment Operations Act 1997, is a fine of $25,500 (after a 25% discount for an early plea), having regard to the moderate objective seriousness of the offence, potential for harm, steps taken to rectify and prevent recurrence, and other mitigating circumstances.
Court Disposition
conviction and fine imposed
Orders
- The defendant is convicted of the offence charged.
- The defendant is fined the sum of $25,500.
Full Case Text
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