Wingecarribee Shire Council v O’Shanassy (No 6) [2015] NSWLEC 138

Wingecarribee Shire Council v O’Shanassy (No 6) [2015] NSWLEC 138

Where a defendant knowingly and intentionally carries out large-scale earthworks and removes significant vegetation without required development consent, causing substantial adverse impacts and undermining regulatory processes and community amenity, the objective seriousness is high; despite some mitigating factors such as late plea and partial remediation, a significant monetary penalty and costs order are justified to serve deterrence, denunciation, and retribution.

Jurisdiction
Australia
Judgment Date
21 August 2015
Procedural Posture
Sentencing Proceedings for Environmental Offence (class 5) / Sentence After Guilty Plea
Outcome
Conviction with monetary penalty and costs order
Legal Topics
['sentencing for Planning/environmental Offences' 'earthworks and Vegetation Removal Without Consent' 'development Control' 'objective and Subjective Sentencing Factors']
['environmental Law' 'criminal Law'] ['sentencing for Planning/environmental Offences' 'earthworks and Vegetation Removal Without Consent' 'development Control' 'objective and Subjective Sentencing Factors']

Case Brief

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Procedural Posture

Sentencing Proceedings for Environmental Offence (class 5) / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What is the appropriate penalty for carrying out earthworks and removing vegetation without development consent?' 'What are the aggravating and mitigating factors for sentencing under the Environmental Planning and Assessment Act 1979?']

Ratio Decidendi

Where a defendant knowingly and intentionally carries out large-scale earthworks and removes significant vegetation without required development consent, causing substantial adverse impacts and undermining regulatory processes and community amenity, the objective seriousness is high; despite some mitigating factors such as late plea and partial remediation, a significant monetary penalty and costs order are justified to serve deterrence, denunciation, and retribution.

Court Disposition

Conviction with monetary penalty and costs order

Orders

  • ['The defendant is convicted of the offence as charged.' 'The defendant is fined the sum of $93,500.' "The defendant is to pay the prosecutor's costs of the proceedings as agreed or as determined under s 257G of the Criminal Procedure Act 1986." 'The exhibits are to be returned.']