Environment Protection Authority v Geagea [2023] NSWLEC 125

Environment Protection Authority v Geagea [2023] NSWLEC 125

The offence was in the lower end of the mid-range of offending because Mr Geagea arranged for false waste delivery dockets that facilitated unlawful disposal of waste at an unlicensed property and undermined the POEO Act regulatory scheme, with foreseeable potential environmental harm and complete control by him over the conduct constituting the offence. However, no financial gain to Mr Geagea and no planned or organised criminal activity were proved. His guilty plea, absence of prior convictions, good character, some assistance to authorities, remorse and unlikelihood of reoffending mitigated the sentence. A fine of $72,000 was appropriate before applying a 20% discount for the guilty...

Jurisdiction
Australia
Judgment Date
17 November 2023
Procedural Posture
Class 5 Sentence / Sentencing After Guilty Plea
Outcome
Mr Dani Geagea was convicted, fined $54,000, ordered to pay the prosecutor's costs, ordered to publicise the sentence, and one-half of the fine was ordered to be paid to the prosecutor.
Legal Topics
['conspiring to Supply False or Misleading Information About Waste' 'false Waste Delivery Dockets' 'protection of the Environment Operations Act 1997 (nsw)' 'objective Seriousness of Environmental Offences' 'guilty Plea Discount' 'assistance to Authorities' 'publication Order']
['environmental Law' 'criminal Law' 'sentencing'] ['conspiring to Supply False or Misleading Information About Waste' 'false Waste Delivery Dockets' 'protection of the Environment Operations Act 1997 (nsw)' 'objective Seriousness of Environmental Offences' 'guilty Plea Discount' 'assistance to Authorities' 'publication Order']

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Procedural Posture

Class 5 Sentence / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for conspiring to supply information about waste knowing it to be false or misleading in a material respect contrary to s 144AA(2) of the Protection of the Environment Operations Act 1997 (NSW), by reason of s 168(1)(c).' 'The objective seriousness of the offence, including harm or likely harm to the environment, practical measures to prevent harm, foreseeability of harm, and control over the causes of the offence.' 'Whether aggravating factors of financial gain or planned or organised criminal activity were established.' "The mitigating effect of the defendant's guilty plea, lack of prior convictions, good character, assistance to authorities, remorse, and unlikelihood of reoffending." 'Whether publication, costs, and moiety orders should be made.']

Ratio Decidendi

The offence was in the lower end of the mid-range of offending because Mr Geagea arranged for false waste delivery dockets that facilitated unlawful disposal of waste at an unlicensed property and undermined the POEO Act regulatory scheme, with foreseeable potential environmental harm and complete control by him over the conduct constituting the offence. However, no financial gain to Mr Geagea and no planned or organised criminal activity were proved. His guilty plea, absence of prior convictions, good character, some assistance to authorities, remorse and unlikelihood of reoffending mitigated the sentence. A fine of $72,000 was appropriate before applying a 20% discount for the guilty...

Court Disposition

Mr Dani Geagea was convicted, fined $54,000, ordered to pay the prosecutor's costs, ordered to publicise the sentence, and one-half of the fine was ordered to be paid to the prosecutor.

Orders

  • ['Mr Dani Geagea is convicted of the offence against s 144AA(2) of the Protection of the Environment Operations Act 1997, as charged.' 'Mr Geagea is fined $54,000.' 'One-half of the fine imposed by order 2 is to be paid to the prosecutor.' "Mr Geagea is to pay the prosecutor's costs of the proceedings in an amount...