Hannam v De Wyse [1998] NSWLEC 79

Hannam v De Wyse [1998] NSWLEC 79

The offence was proved as moderately serious environmental breaches of the Soil Conservation Act, but given the defendant's good character, early guilty plea, cooperation, and substantial financial undertakings for environmental remediation, the court applies s 556A of Crimes Act and does not record convictions, instead making consent orders and awarding costs.

Jurisdiction
Australia
Judgment Date
25 November 1998
Procedural Posture
Criminal Environmental Prosecution / Judgment
Outcome
Offences proved, no convictions recorded, consent orders made, costs awarded.
Legal Topics
['protected Land' 'tree Destruction' 'environmental Offence' 'soil Conservation']
['environmental Law' 'criminal Law'] ['protected Land' 'tree Destruction' 'environmental Offence' 'soil Conservation']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Environmental Prosecution / Judgment

Legal Issues

  1. 1 ['Whether the defendant caused destruction and injury to protected trees contrary to Soil Conservation Act' 'Appropriate penalty for the environmental offence under financial and character circumstances']

Ratio Decidendi

The offence was proved as moderately serious environmental breaches of the Soil Conservation Act, but given the defendant's good character, early guilty plea, cooperation, and substantial financial undertakings for environmental remediation, the court applies s 556A of Crimes Act and does not record convictions, instead making consent orders and awarding costs.

Court Disposition

Offences proved, no convictions recorded, consent orders made, costs awarded.

Orders

  • ["Defendant to pay prosecutor's costs of $10000 within two years." 'Orders by consent numbered 4, 5 through 13 as per minutes of consent orders.' 'Exhibits in both matters may be returned.']