Environment Protection Authority v Mouawad (No 3) [2021] NSWLEC 16

Environment Protection Authority v Mouawad (No 3) [2021] NSWLEC 16

Because Mr Mouawad had been found to warrant a concurrent custodial sentence of 12 months for two offences of knowingly supplying false or misleading information about waste, but was assessed as suitable for a supervised order and at low risk of reoffending, the Court imposed an aggregate 12 month sentence to be served by way of an intensive correction order with standard conditions and a 250 hour community service work condition, and made publication and costs orders.

Jurisdiction
Australia
Judgment Date
26 February 2021
Procedural Posture
Class 5 Prosecution / Sentence; Finalisation of Sentence for Two Offences
Outcome
Mr Mouawad was convicted of two offences against s 144AA(2) of the Protection of the Environment Operations Act 1997 (NSW), sentenced to an aggregate term of imprisonment of 12 months to be served by way of an intensive correction order, ordered to perform 250 hours of community service work, ordered to publish a...
Legal Topics
['knowingly Supplying False or Misleading Information About Waste' 'intensive Correction Order' 'community Service Work Condition' 'publication Order' "prosecutor's Costs"]
['environment Law' 'criminal Law' 'sentencing'] ['knowingly Supplying False or Misleading Information About Waste' 'intensive Correction Order' 'community Service Work Condition' 'publication Order' "prosecutor's Costs"]

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Procedural Posture

Class 5 Prosecution / Sentence; Finalisation of Sentence for Two Offences

Legal Issues

  1. 1 ['Whether the concurrent custodial sentence of 12 months for the two offences should be served by way of an intensive correction order.' 'What conditions should be imposed on the intensive correction order.' 'Whether publication and costs orders should be made.']

Ratio Decidendi

Because Mr Mouawad had been found to warrant a concurrent custodial sentence of 12 months for two offences of knowingly supplying false or misleading information about waste, but was assessed as suitable for a supervised order and at low risk of reoffending, the Court imposed an aggregate 12 month sentence to be served by way of an intensive correction order with standard conditions and a 250 hour community service work condition, and made publication and costs orders.

Court Disposition

Mr Mouawad was convicted of two offences against s 144AA(2) of the Protection of the Environment Operations Act 1997 (NSW), sentenced to an aggregate term of imprisonment of 12 months to be served by way of an intensive correction order, ordered to perform 250 hours of community service work, ordered to publish a...

Orders

  • ['In matter No 104770 of 2018 (the Ticket List Report offence) Mr Paul Mouawad (also known as Boulos Isaac), is convicted of the offence as charged against s 144AA(2) of the Protection of the Environment Operations Act 1997 (NSW) (POEO Act), in that on or about 30 June 2016 he supplied information about waste to...