Manly Council v Van Norton [2015] NSWLEC 205

Manly Council v Van Norton [2015] NSWLEC 205

Given the defendant's limited involvement, extenuating personal circumstances, reasonable reliance on her architect, genuine remorse, good character, absence of prior offences, cooperation, and objective seriousness being at the low end, this is an exceptional case for the exercise of discretion under s 10(1) of the Crimes (Sentencing Procedure) Act 1999. Accordingly, the charge is dismissed without conviction; however, consistent with usual practice, the defendant is to pay the prosecutor's costs.

Jurisdiction
Australia
Judgment Date
23 December 2015
Procedural Posture
Criminal Environmental Prosecution / Sentencing
Outcome
Charge dismissed without conviction under s 10(1)(a) Crimes (Sentencing Procedure) Act 1999. Defendant to pay prosecutor's costs.
Legal Topics
['unlawful Development' 'sentencing' 'strict Liability Offences' 'sentencing Discretion' 'environmental Harm' 'planning Controls' 'good Character Mitigation']
['environmental Law' 'criminal Law'] ['unlawful Development' 'sentencing' 'strict Liability Offences' 'sentencing Discretion' 'environmental Harm' 'planning Controls' 'good Character Mitigation']

Case Brief

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Procedural Posture

Criminal Environmental Prosecution / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for an offence under s 125(1) of the Environmental Planning and Assessment Act 1979 for carrying out development otherwise than in accordance with a development consent?' 'Should an order be made under s 10(1) of the Crimes (Sentencing Procedure) Act 1999 dismissing the charge without conviction?']

Ratio Decidendi

Given the defendant's limited involvement, extenuating personal circumstances, reasonable reliance on her architect, genuine remorse, good character, absence of prior offences, cooperation, and objective seriousness being at the low end, this is an exceptional case for the exercise of discretion under s 10(1) of the Crimes (Sentencing Procedure) Act 1999. Accordingly, the charge is dismissed without conviction; however, consistent with usual practice, the defendant is to pay the prosecutor's costs.

Court Disposition

Charge dismissed without conviction under s 10(1)(a) Crimes (Sentencing Procedure) Act 1999. Defendant to pay prosecutor's costs.

Orders

  • ['The Court finds the defendant guilty of the offence charged but without proceeding to a conviction directs that the charge be dismissed pursuant to s 10(1) of the Crimes (Sentencing Procedure) Act 1999.' "The defendant is to pay the prosecutor's costs of the proceedings as agreed or assessed." 'The exhibits may be...