Fry v Paterson [1990] NSWLEC 120 (10 October 1990 [1990] NSWLEC 16

Fry v Paterson [1990] NSWLEC 120 (10 October 1990 [1990] NSWLEC 16

The offences were deliberate and serious breaches involving wholesale defiance of the Council's Tree Preservation Order, extensive destruction of significant mature trees, prior similar convictions, and environmental damage. Although a maximum total penalty of $20,000 was warranted in principle, a discount was appropriate because of mitigating factors, especially the defendant's voluntary revegetation programme, resulting in penalties totalling $18,000.

Jurisdiction
Australia
Judgment Date
10 October 1990
Procedural Posture
Prosecution for Offences of Breach of the Tree Preservation Order of the Council of the Municipality of Kiama / Penalty After Convictions
Outcome
Defendant fined $6,000 for each of three offences, totalling $18,000, with prior convictions, revegetation orders by consent, and costs order maintained.
Legal Topics
['tree Preservation Order' 'unauthorised Tree Clearing' 'revegetation Orders' 'sentencing and Penalties']
['environmental Law' 'planning Law' 'local Government Law'] ['tree Preservation Order' 'unauthorised Tree Clearing' 'revegetation Orders' 'sentencing and Penalties']

Case Brief

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Procedural Posture

Prosecution for Offences of Breach of the Tree Preservation Order of the Council of the Municipality of Kiama / Penalty After Convictions

Legal Issues

  1. 1 ['What penalty should be imposed for three offences of breach of the Tree Preservation Order.' 'Whether the three offences should be treated as one for the assessment of penalty.' "What mitigating weight should be given to the defendant's consent to a revegetation programme and other matters."]

Ratio Decidendi

The offences were deliberate and serious breaches involving wholesale defiance of the Council's Tree Preservation Order, extensive destruction of significant mature trees, prior similar convictions, and environmental damage. Although a maximum total penalty of $20,000 was warranted in principle, a discount was appropriate because of mitigating factors, especially the defendant's voluntary revegetation programme, resulting in penalties totalling $18,000.

Court Disposition

Defendant fined $6,000 for each of three offences, totalling $18,000, with prior convictions, revegetation orders by consent, and costs order maintained.

Orders

  • ['The defendant is to pay a penalty of $6,000 to the Registrar of the Court in respect of summons No. 50076 of 1990.' 'The defendant is to pay a penalty of $6,000 to the Registrar of the Court in respect of summons No. 50077 of 1990.' 'The defendant is to pay a penalty of $6,000 to the Registrar of the Court in...