Cowra Shire Council v Fuller [2015] NSWLEC 13

Cowra Shire Council v Fuller [2015] NSWLEC 13

The offence of unlawful demolition was objectively serious: the Defendant was well aware of and disregarded lawful requirements, the act was deliberate and planned, and resulted in irreversible heritage loss. None of the defendant's personal circumstances or the building's state reduced seriousness. Early plea of guilty was mitigating, but limited weight was given to remorse. A penalty of $175,000 (after 30% discount from $250,000) and costs order was appropriate to meet accountability, deterrence and punishment objectives.

Parties
Prosecutor: Cowra Shire Council; Defendant: Gregory Francis Fuller
Jurisdiction
Australia
Judgment Date
09 February 2015
Procedural Posture
Prosecution / Sentencing Judgment After Plea of Guilty
Outcome
Defendant convicted and sentenced.
Legal Topics
Unlawful Development, Heritage Protection, Strict Liability Offences, Sentencing, Demolition of Building
Environmental Law Planning Law Criminal Law Unlawful Development Heritage Protection Strict Liability Offences Sentencing Demolition of Building

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Parties

Cowra Shire Council

Prosecutor

Gregory Francis Fuller

Defendant

Procedural Posture

Prosecution / Sentencing Judgment After Plea of Guilty

Legal Issues

  1. 1 What is the appropriate sentence for carrying out unlawful development by demolishing a building of potential local heritage significance without development consent?
  2. 2 Which aggravating and mitigating factors apply in sentencing under relevant legislation for this type of strict liability offence?

Ratio Decidendi

The offence of unlawful demolition was objectively serious: the Defendant was well aware of and disregarded lawful requirements, the act was deliberate and planned, and resulted in irreversible heritage loss. None of the defendant's personal circumstances or the building's state reduced seriousness. Early plea of guilty was mitigating, but limited weight was given to remorse. A penalty of $175,000 (after 30% discount from $250,000) and costs order was appropriate to meet accountability, deterrence and punishment objectives.

Court Disposition

Defendant convicted and sentenced.

Orders

  • The Defendant is convicted of the offence as charged.
  • The Defendant is fined $175,000 to be paid to the Registrar of the Court within 28 days.