Environment Protection Authority v Johnson and Johnson Pacific Pty Ltd [2001] NSWLEC 99

Environment Protection Authority v Johnson and Johnson Pacific Pty Ltd [2001] NSWLEC 99

The Court refused to exercise the s 10 discretion because, despite the Defendant's excellent character, unblemished environmental record, early guilty plea, co-operation, contrition and remedial action, the water pollution offence was serious, not trivial, and there were no extenuating circumstances. The pollution was caused by failures in installations for which the Defendant was responsible, was foreseeable, could have been prevented or mitigated by practical measures, and caused degradation of water quality in Floodvale Drain. The offence was at the lower end of gravity for water pollution offences, but still required conviction. A penalty of $50,000 would otherwise have been...

Jurisdiction
Australia
Judgment Date
23 May 2001
Procedural Posture
Environmental Offence Prosecution for Causing Waters to Be Polluted / Sentence After Plea of Guilty
Outcome
Defendant convicted and fined $25,000; Defendant ordered to pay the Prosecutor's reasonable legal costs of $5,500, noting payment had already been made.
Legal Topics
['water Pollution' 'strict Liability Environmental Offence' 'section 10 Discharge' 'mitigating Circumstances' 'sentencing Discount' 'general Deterrence']
['environmental Law' 'criminal Sentencing'] ['water Pollution' 'strict Liability Environmental Offence' 'section 10 Discharge' 'mitigating Circumstances' 'sentencing Discount' 'general Deterrence']

Case Brief

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Procedural Posture

Environmental Offence Prosecution for Causing Waters to Be Polluted / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['Whether the Defendant should be discharged without conviction under s 10(1) of the Crimes (Sentencing Procedure) Act 1999.' 'What penalty should be imposed for the offence against s 120(2) of the Protection of the Environment Operations Act 1997.' 'How the mitigating factors, objective gravity of the offence, foreseeability, preventability, harm and control should affect sentence.']

Ratio Decidendi

The Court refused to exercise the s 10 discretion because, despite the Defendant's excellent character, unblemished environmental record, early guilty plea, co-operation, contrition and remedial action, the water pollution offence was serious, not trivial, and there were no extenuating circumstances. The pollution was caused by failures in installations for which the Defendant was responsible, was foreseeable, could have been prevented or mitigated by practical measures, and caused degradation of water quality in Floodvale Drain. The offence was at the lower end of gravity for water pollution offences, but still required conviction. A penalty of $50,000 would otherwise have been...

Court Disposition

Defendant convicted and fined $25,000; Defendant ordered to pay the Prosecutor's reasonable legal costs of $5,500, noting payment had already been made.

Orders

  • ['The Defendant is convicted of the offence charged.' 'A penalty of $25,000 is imposed in respect of that conviction.' "The Defendant shall pay the Prosecutor's reasonable legal costs in the sum of $5,500 (noting that such payment has already been made)." 'Exhibits to remain on the Court file.']