Georges River Council v RNA Building Solutions Pty Ltd; Georges River Council v El Saadi [2024] NSWLEC 139

Georges River Council v RNA Building Solutions Pty Ltd; Georges River Council v El Saadi [2024] NSWLEC 139

The offences of aiding, abetting, counselling or procuring development otherwise than in accordance with consent were of low objective seriousness—there was no environmental harm, no financial gain and the respondents demonstrated remorse, early guilty pleas and unlikelihood of reoffending. In the application of sentencing principles, including totality and the close corporate/individual relationship, fines were imposed at the lower end of the range and then subject to substantial reduction. No additional demolition/remediation orders were appropriate, given the absence of established harm and pending development/builder certificate applications. Respondents to pay 50% of prosecutor's costs.

Parties
Prosecutor: Georges River Council; Defendant: RNA Building Solutions Pty Ltd; Defendant: Ahmad El Saadi
Jurisdiction
Australia
Judgment Date
18 December 2024
Procedural Posture
Criminal (sentencing for Regulatory Offences) / Sentence
Outcome
Convictions entered, fines imposed, partial costs orders granted, no additional demolition/rectification orders.
Legal Topics
Aiding and Abetting Statutory Offences, Development Without Consent, Environmental Planning and Assessment Act Offences, Sentencing – Fines and Costs, General Deterrence, Sentencing Principles (totality, Guilty Plea Discount, Remorse), Local Government Penalties
Environmental Law Planning Law Criminal Law (regulatory Offences) Aiding and Abetting Statutory Offences Development Without Consent Environmental Planning and Assessment Act Offences Sentencing – Fines and Costs General Deterrence +2 more

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Parties

Georges River Council

Prosecutor

RNA Building Solutions Pty Ltd

Defendant

Ahmad El Saadi

Defendant

Procedural Posture

Criminal (sentencing for Regulatory Offences) / Sentence

Legal Issues

  1. 1 Objective seriousness of aiding/abetting development offences under EPA Act
  2. 2 Proper penalty and application of sentencing principles for building works unlawfully carried out
  3. 3 Appropriate orders for demolition or rectification under EPA Act

Ratio Decidendi

The offences of aiding, abetting, counselling or procuring development otherwise than in accordance with consent were of low objective seriousness—there was no environmental harm, no financial gain and the respondents demonstrated remorse, early guilty pleas and unlikelihood of reoffending. In the application of sentencing principles, including totality and the close corporate/individual relationship, fines were imposed at the lower end of the range and then subject to substantial reduction. No additional demolition/remediation orders were appropriate, given the absence of established harm and pending development/builder certificate applications. Respondents to pay 50% of prosecutor's costs.

Court Disposition

Convictions entered, fines imposed, partial costs orders granted, no additional demolition/rectification orders.

Orders

  • Convictions recorded for RNA Building Solutions Pty Ltd and Ahmad El Saadi (three offences each, s 9.50(3A) and s 4.2(1)(b) EPA Act).
  • RNA Building Solutions Pty Ltd fined $18,750 (demolition), $28,125 (excavation), $18,750 (erection of building).