Canterbury-Bankstown Council v Naji [2016] NSWLEC 101

Canterbury-Bankstown Council v Naji [2016] NSWLEC 101

A fine of $28,000 is appropriate for breaching s 125(1) Environmental Planning and Assessment Act 1979 (NSW) where the Defendant pleaded guilty, cooperated, acted for structural reasons not financial gain, caused minimal environmental harm, was negligent but not deliberate, had no prior convictions and expressed genuine remorse. An order to pay the Prosecutor's costs of $23,000 was also made. The fine reflects the objective seriousness assessed at the high end of the low range, mitigated by the subjective factors.

Parties
Prosecutor: Canterbury-Bankstown Council; Defendant: Hasan Naji
Jurisdiction
Australia
Judgment Date
11 August 2016
Procedural Posture
Sentence / Sentencing After Guilty Plea
Outcome
Defendant convicted and fined; costs ordered
Legal Topics
Breach of Complying Development Certificate, Sentencing – Environmental Offences, Objective Seriousness, Strict Liability Offences, Costs Orders
Environmental Law Planning Law Criminal Law Breach of Complying Development Certificate Sentencing – Environmental Offences Objective Seriousness Strict Liability Offences Costs Orders

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 5 Authorities cited 31 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Canterbury-Bankstown Council

Prosecutor

Hasan Naji

Defendant

Procedural Posture

Sentence / Sentencing After Guilty Plea

Legal Issues

  1. 1 What is the appropriate sentence for a plea of guilty to a breach of s 125(1) Environmental Planning and Assessment Act 1979 (NSW)?
  2. 2 How objectively serious was the offence, including environmental harm, deliberateness, and control over causes?
  3. 3 What subjective factors and mitigating circumstances apply, including plea, remorse, and prior record?

Ratio Decidendi

A fine of $28,000 is appropriate for breaching s 125(1) Environmental Planning and Assessment Act 1979 (NSW) where the Defendant pleaded guilty, cooperated, acted for structural reasons not financial gain, caused minimal environmental harm, was negligent but not deliberate, had no prior convictions and expressed genuine remorse. An order to pay the Prosecutor's costs of $23,000 was also made. The fine reflects the objective seriousness assessed at the high end of the low range, mitigated by the subjective factors.

Court Disposition

Defendant convicted and fined; costs ordered

Orders

  • The Defendant is convicted of the offence as charged.
  • The Defendant is fined in the sum of $28,000.