Willoughby City Council v Revelas [2004] NSWLEC 747

Willoughby City Council v Revelas [2004] NSWLEC 747

Given the low gravity of the offence, extensive mitigating circumstances, defendant's cooperation, and agreement to pay substantial costs, a modest penalty should be imposed; nonetheless, conviction and penalty are warranted due to a prior conviction for a related planning offence.

Jurisdiction
Australia
Judgment Date
03 June 2004
Procedural Posture
Criminal Prosecution / Sentence and Costs Hearing
Outcome
Conviction and penalty imposed
Legal Topics
['tree Preservation' 'sentencing' 'environmental Offences']
['environmental Law'] ['tree Preservation' 'sentencing' 'environmental Offences']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Prosecution / Sentence and Costs Hearing

Legal Issues

  1. 1 ['Whether the defendant is guilty of lopping a tree without consent under a Tree Preservation Order contrary to Environmental Planning and Assessment Act 1979, s 125' 'Appropriate penalty in light of low gravity and mitigating circumstances']

Ratio Decidendi

Given the low gravity of the offence, extensive mitigating circumstances, defendant's cooperation, and agreement to pay substantial costs, a modest penalty should be imposed; nonetheless, conviction and penalty are warranted due to a prior conviction for a related planning offence.

Court Disposition

Conviction and penalty imposed

Orders

  • ['The Defendant is convicted of the offence as charged.' 'A penalty of $2,000 is imposed in respect of that conviction.' 'That penalty is to be paid to the Council pursuant to the Local Government Act 1993, s 694.' "The Defendant is to pay the Prosecutor's costs of the present proceedings and those of matter 50051...