Environment Protection Authority v Pal (No 3) [2011] NSWLEC 194

Environment Protection Authority v Pal (No 3) [2011] NSWLEC 194

The defendant’s medical unfitness justified revocation of the balance of the community service order under s 115(2B) and (3) of the Crimes (Administration of Sentences) Act 1999. The appropriate substitute was the imposition of the full fine originally ordered.

Parties
Prosecutor: Environment Protection Authority; Defendant: Kate Maree Pal
Jurisdiction
Australia
Judgment Date
09 November 2011
Procedural Posture
Prosecution / Application to Revoke Community Service Order; Sentencing
Outcome
Order revoking community service and substituting fine.
Legal Topics
Sentencing, Community Service Order Revocation, Fine Imposition
Criminal Law Environmental Law Sentencing Community Service Order Revocation Fine Imposition

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Parties

Environment Protection Authority

Prosecutor

Kate Maree Pal

Defendant

Procedural Posture

Prosecution / Application to Revoke Community Service Order; Sentencing

Legal Issues

  1. 1 Whether to revoke the community service order due to the defendant's medical unfitness
  2. 2 Appropriate substitute punishment for the unserved portion of the community service order

Ratio Decidendi

The defendant’s medical unfitness justified revocation of the balance of the community service order under s 115(2B) and (3) of the Crimes (Administration of Sentences) Act 1999. The appropriate substitute was the imposition of the full fine originally ordered.

Court Disposition

Order revoking community service and substituting fine.

Orders

  • Order No C2 of the court’s orders in 50026 of 2007 on 28 April 2009 is revoked; substituted order is that the defendant is ordered to pay a fine of $31,500.
  • Fines imposed in matters 50025 and 50026 of 2007 remain cumulative.