Hawkesbury City Council v Memorey [2005] NSWLEC 735

Hawkesbury City Council v Memorey [2005] NSWLEC 735

Given the defendant's genuine remorse, lack of prior offences, minor extent of harm, honest cooperation, and significant mitigating circumstances, the matter falls within s 10 of the Crimes (Sentencing Procedure) Act 1999: the offence is proved and dismissed without proceeding to a conviction. Costs are justified because the Council was acting within its duties and the defendant, although ignorant, could have made enquiries about legal requirements.

Parties
Prosecutor: Hawkesbury City Council; Defendant: Raymond John Memorey
Jurisdiction
Australia
Judgment Date
14 October 2005
Procedural Posture
Criminal Environmental Prosecution / Sentence and Orders After Guilty Plea
Outcome
Offence proved; dismissed without conviction under s 10. Defendant to pay $2,500 in costs by instalments.
Legal Topics
Unauthorised Extractive Industry, Mitigating Circumstances, Application of Section 10 (no Conviction), Costs Order
Environmental Law Criminal Law Unauthorised Extractive Industry Mitigating Circumstances Application of Section 10 (no Conviction) Costs Order

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Parties

Hawkesbury City Council

Prosecutor

Raymond John Memorey

Defendant

Procedural Posture

Criminal Environmental Prosecution / Sentence and Orders After Guilty Plea

Legal Issues

  1. 1 Whether the extraction of sandstone constituted an offence under s 125(1) of the Environmental Planning and Assessment Act 1979 and cl 9 of the Hawkesbury Local Environmental Plan 1989
  2. 2 Whether the circumstances warranted the application of s 10 of the Crimes (Sentencing Procedure) Act 1999 (dismissal without conviction)
  3. 3 Assessment of penalty and costs

Ratio Decidendi

Given the defendant's genuine remorse, lack of prior offences, minor extent of harm, honest cooperation, and significant mitigating circumstances, the matter falls within s 10 of the Crimes (Sentencing Procedure) Act 1999: the offence is proved and dismissed without proceeding to a conviction. Costs are justified because the Council was acting within its duties and the defendant, although ignorant, could have made enquiries about legal requirements.

Court Disposition

Offence proved; dismissed without conviction under s 10. Defendant to pay $2,500 in costs by instalments.

Orders

  • The offence is found proved but without proceeding to a conviction the charge is dismissed.
  • The defendant to pay the Council's costs in the sum of $2,500.