Environment Protection Authority v Mouawad (No 2); Environment Protection Authority v Aussie Earthmovers Pty Ltd (No 3) [2020] NSWLEC 166

Environment Protection Authority v Mouawad (No 2); Environment Protection Authority v Aussie Earthmovers Pty Ltd (No 3) [2020] NSWLEC 166

Given the high objective seriousness of supplying false and misleading information about asbestos-contaminated waste disposal, with aggravating factors including planning, financial gain, and disregard for public safety, and only limited subjective mitigation (guilty plea of minimal value, little proven contrition or cooperation), significant penalties are warranted. For Aussie Earthmovers, with no subjective matters in mitigation, high fines are ordered. For Mouawad, an aggregate term of imprisonment of 12 months, or suitable alternative (intensive correction order), is warranted. The totality principle applies given related prior fraud offences and overlap in factual circumstances, but...

Parties
Prosecutor: Environment Protection Authority; Defendant: Paul Mouawad (also known as Boulos Isaac); Defendant: Aussie Earthmovers Pty Ltd
Jurisdiction
Australia
Judgment Date
30 November 2020
Procedural Posture
Sentence / Post Conviction Sentencing Determination
Outcome
Conviction and sentence. For Aussie Earthmovers Pty Ltd: convicted, fined. For Paul Mouawad: conviction, matter adjourned for assessment prior to possible intensive correction order.
Legal Topics
Sentencing, False and Misleading Information, Waste Offences, Asbestos Waste, Objective Seriousness, Mitigating/agravating Factors, Totality Principle, Financial Gain
Environmental Law Criminal Law Sentencing False and Misleading Information Waste Offences Asbestos Waste Objective Seriousness Mitigating/agravating Factors +2 more

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 40 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Environment Protection Authority

Prosecutor

Paul Mouawad (also known as Boulos Isaac)

Defendant

Aussie Earthmovers Pty Ltd

Defendant

Procedural Posture

Sentence / Post Conviction Sentencing Determination

Legal Issues

  1. 1 What is the appropriate sentence for knowingly supplying false and misleading information about asbestos waste disposal, contrary to s 144AA(2) of the Protection of the Environment Operations Act 1997 (NSW)?

Ratio Decidendi

Given the high objective seriousness of supplying false and misleading information about asbestos-contaminated waste disposal, with aggravating factors including planning, financial gain, and disregard for public safety, and only limited subjective mitigation (guilty plea of minimal value, little proven contrition or cooperation), significant penalties are warranted. For Aussie Earthmovers, with no subjective matters in mitigation, high fines are ordered. For Mouawad, an aggregate term of imprisonment of 12 months, or suitable alternative (intensive correction order), is warranted. The totality principle applies given related prior fraud offences and overlap in factual circumstances, but...

Court Disposition

Conviction and sentence. For Aussie Earthmovers Pty Ltd: convicted, fined. For Paul Mouawad: conviction, matter adjourned for assessment prior to possible intensive correction order.

Orders

  • Aussie Earthmovers Pty Ltd convicted on two counts, fined $400,000 and $50,000 respectively for the two offences.
  • Aussie Earthmovers Pty Ltd to pay prosecutor's costs as agreed/determined.