Plath v Glover [2010] NSWLEC 119

Plath v Glover [2010] NSWLEC 119

The defendant’s conduct was premeditated, intentional, and reckless as to legality, committed for profit, causing low environmental harm. The offence’s objective gravity was low, but prior convictions and continued attitude of disobedience warrant specific deterrence. The appropriate penalty, after mitigation for early guilty plea, is conviction, a fine of $7,500, and prosecutor’s costs of $9,000.

Parties
Prosecutor: Gordon Plath; Defendant: Kevin Francis Glover
Jurisdiction
Australia
Judgment Date
09 July 2010
Procedural Posture
Criminal / Sentencing Judgment
Outcome
conviction and sentence imposed
Legal Topics
Environmental Offences, Sentencing Procedure, Damaging Reserved Land, Collection of Native Seeds, Prior Convictions, Remorse
Environmental Law Criminal Law Environmental Offences Sentencing Procedure Damaging Reserved Land Collection of Native Seeds Prior Convictions Remorse

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Parties

Gordon Plath

Prosecutor

Kevin Francis Glover

Defendant

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Whether the defendant is guilty of damaging native vegetation contrary to s 156A(1)(b) of the National Parks and Wildlife Act 1974
  2. 2 Assessment of objective and subjective gravity of the offence for sentencing
  3. 3 Appropriate sentence for damaging reserved land including picking seed cones and damaging native vegetation

Ratio Decidendi

The defendant’s conduct was premeditated, intentional, and reckless as to legality, committed for profit, causing low environmental harm. The offence’s objective gravity was low, but prior convictions and continued attitude of disobedience warrant specific deterrence. The appropriate penalty, after mitigation for early guilty plea, is conviction, a fine of $7,500, and prosecutor’s costs of $9,000.

Court Disposition

conviction and sentence imposed

Orders

  • The defendant is convicted of the offence as charged.
  • The defendant is fined the sum of $7,500.