Hannam v De Wyse [1999] NSWLEC 159

Hannam v De Wyse [1999] NSWLEC 159

Although the offences had real environmental consequences and were moderately serious, the defendant's early guilty plea, cooperation, acceptance of responsibility, good character, lack of prior criminal behaviour, modest means, agreed regeneration-related obligations and agreed costs justified finding the offences proved but not proceeding to conviction under s 556A of the Crimes Act.

Jurisdiction
Australia
Judgment Date
25 November 1998
Procedural Posture
Environmental Offences Prosecution Under the Soil Conservation Act / Plea of Guilty; Penalty and Costs; Ex Tempore Reasons for Judgment
Outcome
Offences proved in matters 50041 of 1998 and 50069 of 1998; no conviction recorded; consent orders and costs order made.
Legal Topics
['destruction of Trees on Protected Land' 'injury to Trees on Protected Land' 'sentencing for Environmental Offences' 'costs' 'non Conviction Order']
['environmental Law' 'criminal Law'] ['destruction of Trees on Protected Land' 'injury to Trees on Protected Land' 'sentencing for Environmental Offences' 'costs' 'non Conviction Order']

Case Brief

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Procedural Posture

Environmental Offences Prosecution Under the Soil Conservation Act / Plea of Guilty; Penalty and Costs; Ex Tempore Reasons for Judgment

Legal Issues

  1. 1 ['What penalty should be imposed for causing the destruction and injury of trees on protected land under the Soil Conservation Act after a plea of guilty.' 'Whether the defendant should be convicted or dealt with under s 556A of the Crimes Act.' "What weight should be given to the defendant's cooperation, plea of guilty, good character, financial circumstances, and consent orders for regeneration and protection of the affected area."]

Ratio Decidendi

Although the offences had real environmental consequences and were moderately serious, the defendant's early guilty plea, cooperation, acceptance of responsibility, good character, lack of prior criminal behaviour, modest means, agreed regeneration-related obligations and agreed costs justified finding the offences proved but not proceeding to conviction under s 556A of the Crimes Act.

Court Disposition

Offences proved in matters 50041 of 1998 and 50069 of 1998; no conviction recorded; consent orders and costs order made.

Orders

  • ['In matter 50041 of 1998, the Court made the consent orders numbered 4, 5 through to 13 in the amended minutes signed by counsel and initialled by the judge.' "In matter 50041 of 1998, the defendant was ordered to pay the prosecutor's costs in the sum of $10000." 'In matter 50041 of 1998, the defendant was allowed...