Warringah Council v Bonanno [2012] NSWLEC 265

Warringah Council v Bonanno [2012] NSWLEC 265

The offence was objectively serious, caused substantial environmental harm that was likely never to be fully remediated, and the harm was foreseeable and avoidable by the defendant who controlled the clearing operation. Although the defendant had good character, no prior convictions, pleaded guilty early, cooperated, showed remorse and offered remediation, those subjective matters did not justify relief under s 10 or s 11; they justified a 25% discount from a $50,000 fine, resulting in a conviction and a $37,500 fine with costs and appropriate investigation expenses.

Jurisdiction
Australia
Judgment Date
04 December 2012
Procedural Posture
Class 5 Prosecution for Carrying Out Development Without Consent / Sentencing After Early Guilty Plea
Outcome
Joseph Bonanno was found guilty, convicted, fined $37,500, and ordered to pay the prosecutor's costs and appropriate investigation expenses as agreed or assessed.
Legal Topics
['clearing of Sensitive and Protected Vegetation on a Sand Dune' 'development Without Consent' 'environmental Harm' 'section 10 or Section 11 Crimes (sentencing Procedure) Act 1999 Request to Avoid Conviction' 'costs and Investigation Expenses']
['environmental Law' 'planning Law' 'criminal Sentencing'] ['clearing of Sensitive and Protected Vegetation on a Sand Dune' 'development Without Consent' 'environmental Harm' 'section 10 or Section 11 Crimes (sentencing Procedure) Act 1999 Request to Avoid Conviction' 'costs and Investigation Expenses']

Case Brief

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Procedural Posture

Class 5 Prosecution for Carrying Out Development Without Consent / Sentencing After Early Guilty Plea

Legal Issues

  1. 1 ['Whether Joseph Bonanno should be convicted and fined for clearing vegetation without consent contrary to the Environmental Planning and Assessment Act 1979.' 'Whether the defendant should be dealt with under s 10 or s 11 of the Crimes (Sentencing Procedure) Act 1999 rather than convicted.' 'What fine and costs orders were appropriate having regard to objective seriousness, environmental harm, deterrence, guilty plea, remorse, remediation offers and personal circumstances.']

Ratio Decidendi

The offence was objectively serious, caused substantial environmental harm that was likely never to be fully remediated, and the harm was foreseeable and avoidable by the defendant who controlled the clearing operation. Although the defendant had good character, no prior convictions, pleaded guilty early, cooperated, showed remorse and offered remediation, those subjective matters did not justify relief under s 10 or s 11; they justified a 25% discount from a $50,000 fine, resulting in a conviction and a $37,500 fine with costs and appropriate investigation expenses.

Court Disposition

Joseph Bonanno was found guilty, convicted, fined $37,500, and ordered to pay the prosecutor's costs and appropriate investigation expenses as agreed or assessed.

Orders

  • ['Joseph Bonanno is found guilty and is convicted of the offence charged in the summons.' "The defendant Bonanno is fined $37,500, and ordered to pay the prosecutor's costs and appropriate investigation expenses, as agreed or assessed." "Exhibit W1 is to remain in the court file, but all the defendant's exhibits are...