Environment Protection Authority v Pal (No.2) [2009] NSWLEC 60

Environment Protection Authority v Pal (No.2) [2009] NSWLEC 60

The Court granted the joint s43 application because the principal judgment contained an erroneous statement about the applicable maximum fine, withdrew that statement, vacated the global sentencing orders, and re-imposed the same overall penalties by apportioning them between the two matters according to the respective volumes of waste, while applying the previously allowed 10% discount. The Court held there was no reason to alter the total penalty, because the error related to the explanation of the maximum penalty rather than the penalty actually imposed.

Jurisdiction
Australia
Judgment Date
28 April 2009
Procedural Posture
Prosecution for Waste Offences / Joint Application to Reopen Sentencing Proceedings Under S43 of the Crimes (sentencing Procedure) Act 1999; Re Sentencing in Each Matter
Outcome
Joint application to reopen granted; orders of 31 March 2009 vacated; defendant re-sentenced separately in each matter with cumulative fines and community service hours.
Legal Topics
['waste Offences' 'application to Reopen Proceedings' 'correction of Sentencing Error' 'community Service Order' 'fine' 'costs and Investigation Expenses' 'totality Principle' 'maximum Penalties']
['environmental Law' 'criminal Sentencing'] ['waste Offences' 'application to Reopen Proceedings' 'correction of Sentencing Error' 'community Service Order' 'fine' 'costs and Investigation Expenses' 'totality Principle' 'maximum Penalties']

Case Brief

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Procedural Posture

Prosecution for Waste Offences / Joint Application to Reopen Sentencing Proceedings Under S43 of the Crimes (sentencing Procedure) Act 1999; Re Sentencing in Each Matter

Legal Issues

  1. 1 ['Whether the proceedings should be reopened under s43 of the Crimes (Sentencing Procedure) Act 1999 to correct the statement about the applicable maximum fine.' 'Whether the penalties and orders should be imposed with reference to each individual charge rather than globally.' 'How the community service hours and fines should be apportioned between Matter 50025 of 2007 and Matter 50026 of 2007.']

Ratio Decidendi

The Court granted the joint s43 application because the principal judgment contained an erroneous statement about the applicable maximum fine, withdrew that statement, vacated the global sentencing orders, and re-imposed the same overall penalties by apportioning them between the two matters according to the respective volumes of waste, while applying the previously allowed 10% discount. The Court held there was no reason to alter the total penalty, because the error related to the explanation of the maximum penalty rather than the penalty actually imposed.

Court Disposition

Joint application to reopen granted; orders of 31 March 2009 vacated; defendant re-sentenced separately in each matter with cumulative fines and community service hours.

Orders

  • ["The parties' joint application to reopen the proceedings under s43 of the Crimes (Sentencing Procedure) Act 1999 is granted pursuant to s43(2) of that Act, and the third paragraph of par [13] of the principal judgment is withdrawn." 'The orders of 31 March 2009 covering both matters are vacated.' 'Each party is to...