The Council of the Municipality of Kiama v Gerringong Developments Pty Limited [2007] NSWLEC 257

The Council of the Municipality of Kiama v Gerringong Developments Pty Limited [2007] NSWLEC 257

Having regard to the seriousness of the offence, evidence of aggravating circumstances, and substantial mitigating factors including guilty plea, prior good character, and community contributions, an appropriate penalty is $20,000, reduced from $30,000 for mitigating factors, plus costs.

Jurisdiction
Australia
Judgment Date
27 April 2007
Procedural Posture
Prosecution / Sentencing
Outcome
defendant convicted and fined
Legal Topics
['unauthorised Development' 'sentencing' 'mitigating and Aggravating Factors']
['environmental Law' 'criminal Law'] ['unauthorised Development' 'sentencing' 'mitigating and Aggravating Factors']

Case Brief

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Procedural Posture

Prosecution / Sentencing

Legal Issues

  1. 1 ['Did the defendant carry out development without development consent as required under the Environmental Planning and Assessment Act 1979?' 'What penalty should be imposed given the aggravating and mitigating circumstances?']

Ratio Decidendi

Having regard to the seriousness of the offence, evidence of aggravating circumstances, and substantial mitigating factors including guilty plea, prior good character, and community contributions, an appropriate penalty is $20,000, reduced from $30,000 for mitigating factors, plus costs.

Court Disposition

defendant convicted and fined

Orders

  • ['The defendant is convicted of the offence as charged.' 'The defendant must pay a penalty in the sum of $20,000.' "The defendant must pay the prosecutor's costs in the agreed sum of $16,000."]