Minister for Planning v Fancott Pty Ltd [2009] NSWLEC 170
The penalty imposed must reflect the medium objective gravity of the deliberate or reckless breaches of planning law for commercial gain, mitigated by the defendant's early plea, contrition, cooperation, and absence of prior convictions, with the totality principle applied to achieve a just aggregate fine.
- Jurisdiction
- Australia
- Judgment Date
- 01 October 2009
- Procedural Posture
- Criminal Prosecution / Sentencing
- Outcome
- conviction and fine
- Legal Topics
- ['breach of Development Consent' 'sentencing' 'strict Liability' 'general Deterrence' 'planning Approvals']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Prosecution / Sentencing
Legal Issues
- 1 ['Appropriate penalty for carrying out development in breach of development consent' 'Objective and subjective circumstances relevant to sentencing' 'Application of the totality principle in sentencing multiple offences' 'Aggravating and mitigating factors in environmental offending']
Ratio Decidendi
The penalty imposed must reflect the medium objective gravity of the deliberate or reckless breaches of planning law for commercial gain, mitigated by the defendant's early plea, contrition, cooperation, and absence of prior convictions, with the totality principle applied to achieve a just aggregate fine.
Court Disposition
conviction and fine
Orders
- ['Fancott Pty Ltd is convicted of the offences as charged' 'Fancott Pty Ltd is fined the total sum of $24,500' "Fancott Pty Ltd is to pay the prosecutor's costs fixed in the amount of $26,600" 'Exhibits to be returned']
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