Chief Executive of the Office of Environment and Heritage v Grant Wesley Turnbull [2017] NSWLEC 141

Chief Executive of the Office of Environment and Heritage v Grant Wesley Turnbull [2017] NSWLEC 141

Mr Grant Wesley Turnbull intentionally, premeditatedly cleared substantial areas of native vegetation of high conservation value and fauna habitat in an over-cleared landscape without authority and for financial gain, knowing the illegality and potential environmental harm; this conduct caused substantial actual environmental harm (including to threatened fauna), warranted a penalty reflecting the offence's mid-range seriousness, deterrence, and denunciation; the guilty plea, while entered, was late and of low utilitarian value, with no genuine remorse or financial incapacity established to reduce the fine or costs; accordingly, a fine of $315,000 and costs order was appropriate.

Jurisdiction
Australia
Judgment Date
24 October 2017
Procedural Posture
Criminal (environmental Regulatory Prosecution) / Sentence
Outcome
Conviction – defendant convicted and sentenced
Legal Topics
['clearing of Native Vegetation' 'sentencing for Environmental Offences' 'objective Seriousness of Offence' 'financial Penalty' 'environmental Harm' 'mitigating and Aggravating Factors']
['environmental Law' 'criminal Law'] ['clearing of Native Vegetation' 'sentencing for Environmental Offences' 'objective Seriousness of Offence' 'financial Penalty' 'environmental Harm' 'mitigating and Aggravating Factors']

Case Brief

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Procedural Posture

Criminal (environmental Regulatory Prosecution) / Sentence

Legal Issues

  1. 1 ['What is the objective gravity of the offence of clearing native vegetation contrary to s 12(1) of the Native Vegetation Act 2003?' 'What is the appropriate sentence for Mr Grant Wesley Turnbull given the nature, extent, and consequences of the clearing?' "Were there substantial aggravating or mitigating factors in the offending and in Mr Turnbull's conduct?"]

Ratio Decidendi

Mr Grant Wesley Turnbull intentionally, premeditatedly cleared substantial areas of native vegetation of high conservation value and fauna habitat in an over-cleared landscape without authority and for financial gain, knowing the illegality and potential environmental harm; this conduct caused substantial actual environmental harm (including to threatened fauna), warranted a penalty reflecting the offence's mid-range seriousness, deterrence, and denunciation; the guilty plea, while entered, was late and of low utilitarian value, with no genuine remorse or financial incapacity established to reduce the fine or costs; accordingly, a fine of $315,000 and costs order was appropriate.

Court Disposition

Conviction – defendant convicted and sentenced

Orders

  • ['Mr Grant Wesley Turnbull is convicted of the offence as charged.' 'Mr Turnbull is fined $315,000.' "Mr Turnbull is to pay the prosecutor's costs of the proceedings in the amount as may be determined under s 257G of the Criminal Procedure Act 1986."]