City of Sydney Council v Schwartz [2003] NSWLEC 201

City of Sydney Council v Schwartz [2003] NSWLEC 201

A penalty reflecting the seriousness of carrying out development without consent is warranted, considering the strict liability nature of the offence, previous convictions, mitigating factors including charity work, and a 20% discount for the early guilty plea. The defendant is convicted and fined $40,000, plus costs.

Jurisdiction
Australia
Judgment Date
28 July 2003
Procedural Posture
Criminal Prosecution / Sentence After Plea of Guilty
Outcome
Defendant convicted following guilty plea and fined
Legal Topics
['development Without Consent' 'strict Liability Offences' 'sentencing' 'heritage Protection']
['environmental Law' 'planning Law'] ['development Without Consent' 'strict Liability Offences' 'sentencing' 'heritage Protection']

Case Brief

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Procedural Posture

Criminal Prosecution / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['Whether the defendant carried out development without development consent in breach of s 76A(1) Environmental Planning and Assessment Act 1979' 'Appropriate penalty for strict liability offence of development without consent, considering previous convictions and mitigating circumstances']

Ratio Decidendi

A penalty reflecting the seriousness of carrying out development without consent is warranted, considering the strict liability nature of the offence, previous convictions, mitigating factors including charity work, and a 20% discount for the early guilty plea. The defendant is convicted and fined $40,000, plus costs.

Court Disposition

Defendant convicted following guilty plea and fined

Orders

  • ['Defendant is convicted of the offence as charged.' 'Defendant must pay a penalty in the sum of $40,000.' "Defendant must pay the prosecutor's costs in the agreed sum of $12,000." 'The exhibits other than exhibit A may be returned.']