Knowles v Maradono Pty Limited [1989] NSWLEC 167

Knowles v Maradono Pty Limited [1989] NSWLEC 167

Maradono Pty Limited was convicted because the evidence showed pollution of Horseshoe lagoon by piggery waste, causing significant environmental harm. Mitigation factors did not outweigh seriousness of offence. Appropriate penalty assessed, taking into account, among other things, closure of the piggery and the agreed prosecutor's costs.

Jurisdiction
Australia
Judgment Date
09 March 1989
Procedural Posture
Criminal Prosecution / Sentencing and Orders
Outcome
conviction and penalty imposed
Legal Topics
['pollution of Waters' 'penalty for Corporate Environmental Offence']
['environmental Law'] ['pollution of Waters' 'penalty for Corporate Environmental Offence']

Case Brief

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Procedural Posture

Criminal Prosecution / Sentencing and Orders

Legal Issues

  1. 1 ['Did Maradono Pty Limited pollute waters of Horseshoe lagoon contrary to s.16(1) of the Clean Waters Act 1970?' 'What is the appropriate penalty for the offence?']

Ratio Decidendi

Maradono Pty Limited was convicted because the evidence showed pollution of Horseshoe lagoon by piggery waste, causing significant environmental harm. Mitigation factors did not outweigh seriousness of offence. Appropriate penalty assessed, taking into account, among other things, closure of the piggery and the agreed prosecutor's costs.

Court Disposition

conviction and penalty imposed

Orders

  • ['Defendant convicted of offence under s.16(1) of Clean Waters Act.' 'Defendant ordered to pay $5,000.00 penalty to Registrar of the Court on or before 10 April 1989.' 'Defendant ordered to pay $3,000.00 costs to Crown Solicitor on or before 10 April 1989.' 'Exhibits may be returned.']