Willoughby City Council v Rahmani [2017] NSWLEC 166

Willoughby City Council v Rahmani [2017] NSWLEC 166

A starting penalty of $90,000 is warranted given the objective seriousness: three mature, healthy trees forming part of a critically endangered ecological community were removed negligently, but not recklessly, in breach of a clearly mandated condition of consent. Taking into account the early guilty plea, subjective factors including no prior convictions and willingness to conduct remedial planting, and the absence of financial hardship sufficient to reduce penalty, a one-third discount is appropriate. The resulting fine is $60,000. The defendant is also ordered to pay costs and to carry out replacement planting.

Parties
Prosecutor: Willoughby City Council; Defendant: Parviz Rahmani
Jurisdiction
Australia
Judgment Date
06 December 2017
Procedural Posture
Prosecution (class 5 Environment/planning Offence) / Sentence
Outcome
Defendant convicted and sentenced
Legal Topics
Tree Removal Without Approval, Environmental Harm, Sentencing, Development Consent Conditions
Environmental Law Criminal Law Planning Law Tree Removal Without Approval Environmental Harm Sentencing Development Consent Conditions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 17 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Willoughby City Council

Prosecutor

Parviz Rahmani

Defendant

Procedural Posture

Prosecution (class 5 Environment/planning Offence) / Sentence

Legal Issues

  1. 1 Appropriate sentence for removal of trees in breach of development consent
  2. 2 Whether penalty should be reduced due to defendant's financial circumstances
  3. 3 Aggravating and mitigating factors relevant to sentence

Ratio Decidendi

A starting penalty of $90,000 is warranted given the objective seriousness: three mature, healthy trees forming part of a critically endangered ecological community were removed negligently, but not recklessly, in breach of a clearly mandated condition of consent. Taking into account the early guilty plea, subjective factors including no prior convictions and willingness to conduct remedial planting, and the absence of financial hardship sufficient to reduce penalty, a one-third discount is appropriate. The resulting fine is $60,000. The defendant is also ordered to pay costs and to carry out replacement planting.

Court Disposition

Defendant convicted and sentenced

Orders

  • Mr Parviz Rahmani is convicted pursuant to s 125(1) of the Environmental Planning and Assessment Act 1979 for carrying out development in breach of consent conditions.
  • Defendant fined $60,000 pursuant to s 125B(2)(b)(i) of the Environmental Planning and Assessment Act 1979.