Minister for Planning v Hunter Quarries Pty Ltd [2010] NSWLEC 246

Minister for Planning v Hunter Quarries Pty Ltd [2010] NSWLEC 246

The appropriate sentence for breach of condition 6 by Hunter Quarries Pty Ltd is determined by weighing the low to medium objective seriousness of the offence, the absence of environmental harm, inadvertent and careless but not intentional conduct, early plea of guilty, remorse, lack of prior convictions, cooperation, and need for general deterrence, leading to a fine of $70,000 with a discount for the utilitarian value of the plea.

Jurisdiction
Australia
Judgment Date
26 November 2010
Procedural Posture
Criminal (sentencing) / Sentence
Outcome
The defendant is convicted and fined.
Legal Topics
['sentencing' 'breach of Development Consent' 'environmental Offences']
['environmental Law' 'criminal Law'] ['sentencing' 'breach of Development Consent' 'environmental Offences']

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Procedural Posture

Criminal (sentencing) / Sentence

Legal Issues

  1. 1 ["What is the appropriate sentence for Hunter Quarries Pty Ltd's breach of development consent condition 6 limiting annual production and transport of quarry material?"]

Ratio Decidendi

The appropriate sentence for breach of condition 6 by Hunter Quarries Pty Ltd is determined by weighing the low to medium objective seriousness of the offence, the absence of environmental harm, inadvertent and careless but not intentional conduct, early plea of guilty, remorse, lack of prior convictions, cooperation, and need for general deterrence, leading to a fine of $70,000 with a discount for the utilitarian value of the plea.

Court Disposition

The defendant is convicted and fined.

Orders

  • ['The defendant is convicted of the offence as charged.' 'The defendant is fined the sum of $70,000.' 'One half of the fine imposed by order 2 is to be paid to the prosecutor pursuant to s 122 of the Fines Act 1996.' "The defendant is to pay the prosecutor's costs agreed in the sum of $23,000." 'The exhibits may be...