Holroyd City Council v Katia Abouantoun and Antoun Abouantoun t/a AKA Demolition and Tipping [2003] NSWLEC 379

Holroyd City Council v Katia Abouantoun and Antoun Abouantoun t/a AKA Demolition and Tipping [2003] NSWLEC 379

Katia Abouantoun committed a strict liability offence by carrying out demolition before the deferred commencement development consent was operative. Although she was experienced and should have checked the consent and its conditions, the offence was at the lower end of seriousness because the council had inspected and supervised aspects of the work, the deferred commencement matter was unrelated to demolition, there was no demonstrated environmental or health harm, she had no prior convictions, co-operated and pleaded guilty early, adopted new procedures, and had limited capacity to pay. A $6,000 penalty was reduced by 35 per cent to $4,000.

Jurisdiction
Australia
Judgment Date
31 October 2003
Procedural Posture
Prosecution for Carrying Out Development Without Development Consent in Breach of the Environmental Planning and Assessment Act 1979 / Ex Tempore Judgment on Plea of Guilty and Penalty
Outcome
Katia Abouantoun convicted and fined $4,000; ordered to pay the prosecutor's costs.
Legal Topics
['development Without Consent' 'demolition Work' 'deferred Commencement Consent' 'strict Liability Offence' 'penalty Assessment' 'capacity to Pay Fine']
['environmental Planning Law' 'criminal Sentencing'] ['development Without Consent' 'demolition Work' 'deferred Commencement Consent' 'strict Liability Offence' 'penalty Assessment' 'capacity to Pay Fine']

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Procedural Posture

Prosecution for Carrying Out Development Without Development Consent in Breach of the Environmental Planning and Assessment Act 1979 / Ex Tempore Judgment on Plea of Guilty and Penalty

Legal Issues

  1. 1 ['Whether Katia Abouantoun carried out demolition development without a development consent being in force, contrary to ss 76A(1) and 125 of the Environmental Planning and Assessment Act 1979.' 'What penalty should be imposed having regard to aggravating and mitigating factors, the guilty plea, absence of prior convictions, council supervision, lack of environmental harm, and capacity to pay.']

Ratio Decidendi

Katia Abouantoun committed a strict liability offence by carrying out demolition before the deferred commencement development consent was operative. Although she was experienced and should have checked the consent and its conditions, the offence was at the lower end of seriousness because the council had inspected and supervised aspects of the work, the deferred commencement matter was unrelated to demolition, there was no demonstrated environmental or health harm, she had no prior convictions, co-operated and pleaded guilty early, adopted new procedures, and had limited capacity to pay. A $6,000 penalty was reduced by 35 per cent to $4,000.

Court Disposition

Katia Abouantoun convicted and fined $4,000; ordered to pay the prosecutor's costs.

Orders

  • ['The defendant, Katia Abouantoun, is convicted of the offence with which she is charged.' 'The defendant, Katia Abouantoun, is fined the sum of Four Thousand Dollars ($4,000).' "The defendant, Katia Abouantoun, must pay the Prosecutor's costs in accordance with s 253 of the Criminal Procedure Act 1986." 'Exhibit 1...