Parramatta City Council v Cheng [2010] NSWLEC 94

Parramatta City Council v Cheng [2010] NSWLEC 94

Given the minor nature of the environmental harm, the defendant's good character, her belief that the contractor would obtain approval, and surrounding extenuating personal circumstances, an order should be made under section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999—that is, the offence is proved but no conviction is recorded and the proceedings are dismissed.

Parties
Prosecutor: Parramatta City Council; Defendant: Robyn Merie Cheng
Jurisdiction
Australia
Judgment Date
10 June 2010
Procedural Posture
Criminal Prosecution / Sentence Following Plea of Guilty
Outcome
Offence proved but no conviction recorded; proceedings dismissed under section 10(1)(a) Crimes (Sentencing Procedure) Act 1999.
Legal Topics
Tree Preservation Order, Unauthorised Tree Clearing, Sentencing, Section 10 Order, Crimes (sentencing Procedure) Act 1999
Environmental Law Criminal Law Tree Preservation Order Unauthorised Tree Clearing Sentencing Section 10 Order Crimes (sentencing Procedure) Act 1999

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Parties

Parramatta City Council

Prosecutor

Robyn Merie Cheng

Defendant

Procedural Posture

Criminal Prosecution / Sentence Following Plea of Guilty

Legal Issues

  1. 1 Whether the defendant should be convicted for breaching a tree preservation order under the Environmental Planning and Assessment Act 1979 by clearing trees without consent
  2. 2 Whether a section 10 order (dismissal without conviction) is appropriate given the mitigating circumstances

Ratio Decidendi

Given the minor nature of the environmental harm, the defendant's good character, her belief that the contractor would obtain approval, and surrounding extenuating personal circumstances, an order should be made under section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999—that is, the offence is proved but no conviction is recorded and the proceedings are dismissed.

Court Disposition

Offence proved but no conviction recorded; proceedings dismissed under section 10(1)(a) Crimes (Sentencing Procedure) Act 1999.

Orders

  • The offence is proved but no conviction is recorded and the proceedings are dismissed (both matters 50012 and 50013 of 2010).
  • The defendant must pay the prosecutor's costs of the proceedings of $10,000 (matter 50012 of 2010).