Director-General, Department of Environment and Climate Change v Jack & Bill Issa Pty Ltd (No 6) [2010] NSWLEC 43

Director-General, Department of Environment and Climate Change v Jack & Bill Issa Pty Ltd (No 6) [2010] NSWLEC 43

The defendant company is convicted for clearing native vegetation without consent under s 12 of the Native Vegetation Act 2003, with Mr Mura’s actions attributable to the company. Given the company’s financial difficulties, absence of personal culpability for Mr Issa, and prior punishment of Mr Mura as director, a conviction and order for payment of prosecutor’s costs are sufficient sentences.

Parties
Prosecutor: Director-General, Department of Environment and Climate Change; Defendant: Jack & Bill Issa Pty Ltd
Jurisdiction
Australia
Judgment Date
22 March 2010
Procedural Posture
Criminal / Sentencing
Outcome
conviction and costs order
Legal Topics
Native Vegetation Clearing, Corporate Criminal Responsibility, Sentencing, Remedial Orders
Environmental Law Criminal Law Native Vegetation Clearing Corporate Criminal Responsibility Sentencing Remedial Orders

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Parties

Director-General, Department of Environment and Climate Change

Prosecutor

Jack & Bill Issa Pty Ltd

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Sentencing for clearing native vegetation without development consent or property vegetation plan
  2. 2 Attribution of criminal liability to a corporate defendant
  3. 3 Assessment of environmental harm and mitigation

Ratio Decidendi

The defendant company is convicted for clearing native vegetation without consent under s 12 of the Native Vegetation Act 2003, with Mr Mura’s actions attributable to the company. Given the company’s financial difficulties, absence of personal culpability for Mr Issa, and prior punishment of Mr Mura as director, a conviction and order for payment of prosecutor’s costs are sufficient sentences.

Court Disposition

conviction and costs order

Orders

  • The defendant is convicted of the offence as charged.
  • The defendant is to pay the prosecutor's costs.