Secretary, Department of Planning Industry and Environment v Williams [2020] NSWLEC 134

Secretary, Department of Planning Industry and Environment v Williams [2020] NSWLEC 134

Having considered the limited objective seriousness of the offence, absence of lasting ecological harm, defendant's antecedents, demonstrated remorse, and community benefit from defendant's business, it is inexpedient to impose more than nominal punishment. An order under s 10(1)(b) Crimes (Sentencing Procedure) Act 1999 is expedient: defendant released on a one-year conditional release order with no recorded conviction.

Jurisdiction
Australia
Judgment Date
14 September 2020
Procedural Posture
Criminal Prosecution / Sentencing
Outcome
Defendant found guilty; released on one-year good behaviour bond; no conviction recorded upon entering conditional release order under s 10(1)(b) Crimes (Sentencing Procedure) Act 1999.
Legal Topics
['sentencing' 'offences Under National Parks and Wildlife Act 1974' 'seed Harvesting in National Parks' 'application of S 10 Crimes (sentencing Procedure) Act 1999']
['environmental Law' 'criminal Law'] ['sentencing' 'offences Under National Parks and Wildlife Act 1974' 'seed Harvesting in National Parks' 'application of S 10 Crimes (sentencing Procedure) Act 1999']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Prosecution / Sentencing

Legal Issues

  1. 1 ["Whether the defendant's conduct breached s 156A(1)(d) of the National Parks and Wildlife Act 1974 by damaging reserved land through seed collection" 'Extent of objective seriousness and environmental harm caused' 'Whether discretion under s 10(1)(a) or (b) of the Crimes (Sentencing Procedure) Act 1999 should be exercised to avoid conviction' 'Consideration of sentencing purposes and relevant mitigating factors']

Ratio Decidendi

Having considered the limited objective seriousness of the offence, absence of lasting ecological harm, defendant's antecedents, demonstrated remorse, and community benefit from defendant's business, it is inexpedient to impose more than nominal punishment. An order under s 10(1)(b) Crimes (Sentencing Procedure) Act 1999 is expedient: defendant released on a one-year conditional release order with no recorded conviction.

Court Disposition

Defendant found guilty; released on one-year good behaviour bond; no conviction recorded upon entering conditional release order under s 10(1)(b) Crimes (Sentencing Procedure) Act 1999.

Orders

  • ['Defendant to enter a one-year conditional release order (good behaviour bond), no conviction recorded.' "Defendant to pay Prosecutor's costs of $4,580." 'Exhibits may be returned.']