Turnbull v Chief Executive of the Office of Environment and Heritage [2015] NSWCCA 278

Turnbull v Chief Executive of the Office of Environment and Heritage [2015] NSWCCA 278

Leave to appeal against sentence was granted; however, the appellant failed to establish any error in the primary judge’s finding of substantial environmental harm, recklessness, financial motivation, disregard of consequences, utilitarian discount for plea, or mitigation of environmental harm. The only intervention required was to amend the costs order, to exclude investigation costs and limit it to reasonable legal costs and disbursements, as the power to order investigation costs was not available.

Parties
Appellant: Ian Robert Turnbull; Respondent: Regina
Jurisdiction
Australia
Judgment Date
30 October 2015
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal granted; appeal otherwise dismissed except as to costs order
Legal Topics
Appeal Against Sentence, Clearing Native Vegetation, Costs Order, Findings of Fact, Strict Liability Offences
Criminal Law Environmental Law Appeal Against Sentence Clearing Native Vegetation Costs Order Findings of Fact Strict Liability Offences

Case Brief

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Parties

Ian Robert Turnbull

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the primary judge erred in finding substantial environmental harm
  2. 2 Whether the primary judge erred in finding reckless breach increases objective seriousness
  3. 3 Whether financial motivation was properly an aggravating factor

Ratio Decidendi

Leave to appeal against sentence was granted; however, the appellant failed to establish any error in the primary judge’s finding of substantial environmental harm, recklessness, financial motivation, disregard of consequences, utilitarian discount for plea, or mitigation of environmental harm. The only intervention required was to amend the costs order, to exclude investigation costs and limit it to reasonable legal costs and disbursements, as the power to order investigation costs was not available.

Court Disposition

Leave to appeal granted; appeal otherwise dismissed except as to costs order

Orders

  • Leave to appeal granted
  • The order with regard to costs is amended: The defendant is ordered to pay the reasonable legal costs and disbursements of the prosecutor as agreed or assessed