Natural Resources Access Regulator v Kimber; Natural Resources Access Regulator v Kimber [2023] NSWLEC 101

Natural Resources Access Regulator v Kimber; Natural Resources Access Regulator v Kimber [2023] NSWLEC 101

Given the very low objective seriousness of the offences, the absence of actual or likely environmental harm, the accidental contravention due to ignorance of a changed flow condition, the defendants' excellent character and first-offender status, and no impact on others' rights, it is appropriate to order the dismissal of charges under s 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW) without conviction.

Parties
Prosecutor: Natural Resources Access Regulator; Defendant: Luke Kimber; Defendant: Kenneth Kimber
Jurisdiction
Australia
Judgment Date
29 September 2023
Procedural Posture
Sentence / Final Orders After Guilty Plea
Outcome
Charges dismissed without conviction, cost order against defendants (excluding certain costs), exhibits to be returned.
Legal Topics
Sentencing, Water Access Licences, Strict Liability Offences, Objective Seriousness, Section 10 Orders, Regulatory Offences
Criminal Law Environmental Law Water Law Sentencing Water Access Licences Strict Liability Offences Objective Seriousness Section 10 Orders +1 more

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Parties

Natural Resources Access Regulator

Prosecutor

Luke Kimber

Defendant

Kenneth Kimber

Defendant

Procedural Posture

Sentence / Final Orders After Guilty Plea

Legal Issues

  1. 1 What is the appropriate sentence for unintentional contraventions of water access licence conditions under the Water Management Act 2000 (NSW)?
  2. 2 Should orders be made under s 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW) to dismiss charges without conviction for first-time offenders where the objective seriousness is very low and there is no actual or likely environmental harm?

Ratio Decidendi

Given the very low objective seriousness of the offences, the absence of actual or likely environmental harm, the accidental contravention due to ignorance of a changed flow condition, the defendants' excellent character and first-offender status, and no impact on others' rights, it is appropriate to order the dismissal of charges under s 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW) without conviction.

Court Disposition

Charges dismissed without conviction, cost order against defendants (excluding certain costs), exhibits to be returned.

Orders

  • The charge in proceeding 2022/346166 against Mr Kenneth Kimber is dismissed pursuant to s 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 without proceeding to conviction.
  • The charge in proceeding 2022/346177 against Mr Kenneth Kimber is dismissed pursuant to s 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 without proceeding to conviction.