Natural Resources Access Regulator v Jindalee Road Wines Pty Ltd; Littore [2024] NSWLEC 26

Natural Resources Access Regulator v Jindalee Road Wines Pty Ltd; Littore [2024] NSWLEC 26

The defendants intentionally and for financial gain installed, operated, and concealed infrastructure to take unmetered water from an irrigation corporation, breaching ss 342(1)(a) and 343(1) of the Water Management Act 2000; sentencing reflected the planned and organised nature, financial detriment, mitigation for early plea and restitution, and applied totality to avoid overlap in penalty.

Jurisdiction
Australia
Judgment Date
27 March 2024
Procedural Posture
Criminal Sentencing / Judgment and Orders
Outcome
Conviction and fines imposed for all offences; professional costs and publication order made; moiety of fines to Prosecutor.
Legal Topics
['sentencing Principles' 'water Management Act Offences' 'fines' 'general and Specific Deterrence' 'totality Principle']
['environmental Law' 'criminal Law'] ['sentencing Principles' 'water Management Act Offences' 'fines' 'general and Specific Deterrence' 'totality Principle']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentencing / Judgment and Orders

Legal Issues

  1. 1 ['Whether the defendants committed offences against ss 342(1)(a) and 343(1) of the Water Management Act 2000 by damaging/interfering with works and taking water without authorisation' 'Assessment of objective and subjective seriousness for sentencing' 'Application of sentencing principles including deterrence, totality, and jurisdictional limits']

Ratio Decidendi

The defendants intentionally and for financial gain installed, operated, and concealed infrastructure to take unmetered water from an irrigation corporation, breaching ss 342(1)(a) and 343(1) of the Water Management Act 2000; sentencing reflected the planned and organised nature, financial detriment, mitigation for early plea and restitution, and applied totality to avoid overlap in penalty.

Court Disposition

Conviction and fines imposed for all offences; professional costs and publication order made; moiety of fines to Prosecutor.

Orders

  • ['David Alan Littore convicted; fines: $67,500 (Infrastructure), $30,000 (Infrastructure), $37,500 (Water Take), $37,500 (Water Take); professional costs $47,500; publication order in specified media; moiety of fines to Prosecutor.' 'Jindalee Road Wines Pty Ltd convicted; fines: $187,500 (Infrastructure), $93,750...