Garrett, Stephen v Langmead, Patsy [2006] NSWLEC 627

Garrett, Stephen v Langmead, Patsy [2006] NSWLEC 627

Although the offence was proved and involved unauthorised clearing affecting an endangered ecological community, the case was at the very lowest end of gravity and was attended by sufficient extenuating circumstances: the defendant was aged sixty-nine, of prior good character, remorseful, impecunious, in poor health, not fully aware of the consequences, affected by stress, and faced a substantial agreed costs burden of $20,000. Those factors justified dismissing the charge without conviction under s 10 of the Crimes (Sentencing Procedure) Act 1999 rather than imposing even a nominal fine or bond.

Jurisdiction
Australia
Judgment Date
19 September 2006
Procedural Posture
Prosecution for an Offence Against S 118 A(2) of the National Parks and Wildlife Act 1974 / Sentencing After Plea of Guilty; Ex Tempore Judgment
Outcome
Offence proved; charge dismissed without conviction pursuant to s 10 of the Crimes (Sentencing Procedure) Act 1999; defendant ordered to pay prosecutor's costs.
Legal Topics
['picking Plants Forming Part of an Endangered Ecological Community' 'native Vegetation Clearing' 'application of S 10 of the Crimes (sentencing Procedure) Act 1999' "offender's Means and Costs Order" 'environmental Harm and Rehabilitation']
['environmental Law' 'criminal Sentencing'] ['picking Plants Forming Part of an Endangered Ecological Community' 'native Vegetation Clearing' 'application of S 10 of the Crimes (sentencing Procedure) Act 1999' "offender's Means and Costs Order" 'environmental Harm and Rehabilitation']

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Procedural Posture

Prosecution for an Offence Against S 118 A(2) of the National Parks and Wildlife Act 1974 / Sentencing After Plea of Guilty; Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the defendant should be convicted and fined for clearing plants that were part of an endangered ecological community after pleading guilty to an offence against s 118A(2) of the National Parks and Wildlife Act 1974.' "Whether the defendant's subjective circumstances, limited means, remorse, lack of prior convictions, and liability for substantial prosecution costs justified dealing with the matter under s 10 of the Crimes (Sentencing Procedure) Act 1999." "How the seriousness of the environmental harm and general deterrence should be balanced against the defendant's age, health, character, financial position, and circumstances of the offence."]

Ratio Decidendi

Although the offence was proved and involved unauthorised clearing affecting an endangered ecological community, the case was at the very lowest end of gravity and was attended by sufficient extenuating circumstances: the defendant was aged sixty-nine, of prior good character, remorseful, impecunious, in poor health, not fully aware of the consequences, affected by stress, and faced a substantial agreed costs burden of $20,000. Those factors justified dismissing the charge without conviction under s 10 of the Crimes (Sentencing Procedure) Act 1999 rather than imposing even a nominal fine or bond.

Court Disposition

Offence proved; charge dismissed without conviction pursuant to s 10 of the Crimes (Sentencing Procedure) Act 1999; defendant ordered to pay prosecutor's costs.

Orders

  • ['Without proceeding to conviction, the charge is dismissed pursuant to section 10 of the Crimes (Sentencing Procedure) Act.' "By consent, the defendant is ordered to pay the prosecutor's costs in the sum of $20,000." 'The effect of the costs order is postponed to 19 March 2007.']