Hunters Hill Council v Carter [2018] NSWLEC 84

Hunters Hill Council v Carter [2018] NSWLEC 84

The defendant lopped/topped 13 protected trees without council consent, causing substantial environmental harm and acting recklessly. Applying statutory aggravating factors and sentencing principles, the starting penalty is $60,000, reduced by 25% due to early guilty plea. The appropriate penalty is $45,000 fine, with additional agreed remedial orders and payment of prosecutor's costs.

Parties
Prosecutor: Hunters Hill Council; Defendant: Michael John Carter
Jurisdiction
Australia
Judgment Date
31 May 2018
Procedural Posture
Sentencing Proceeding (criminal Prosecution) / Judgment and Orders Following Guilty Plea
Outcome
Defendant convicted; fine imposed; remedial and costs orders made
Legal Topics
Unauthorised Lopping/topping of Trees, Environmental Harm, Sentencing, Deterrence, Remedial Orders, Costs
Environmental Law Criminal Law Local Government Law Unauthorised Lopping/topping of Trees Environmental Harm Sentencing Deterrence Remedial Orders +1 more

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Parties

Hunters Hill Council

Prosecutor

Michael John Carter

Defendant

Procedural Posture

Sentencing Proceeding (criminal Prosecution) / Judgment and Orders Following Guilty Plea

Legal Issues

  1. 1 Whether the defendant committed an offence against s 125(1) of the Environmental Planning and Assessment Act 1979 by lopping/topping protected trees without consent
  2. 2 Whether environmental harm caused was substantial
  3. 3 Whether the defendant acted recklessly

Ratio Decidendi

The defendant lopped/topped 13 protected trees without council consent, causing substantial environmental harm and acting recklessly. Applying statutory aggravating factors and sentencing principles, the starting penalty is $60,000, reduced by 25% due to early guilty plea. The appropriate penalty is $45,000 fine, with additional agreed remedial orders and payment of prosecutor's costs.

Court Disposition

Defendant convicted; fine imposed; remedial and costs orders made

Orders

  • Defendant convicted of offence against s 125(1) of Environmental Planning and Assessment Act 1979 for lopping/topping trees without consent
  • Defendant fined $45,000