DIRECTOR GENERAL OF THE DEPARTMENT OF LAND & WATER CONSERVATION v STANLEY ARTHUR JONES [1998] NSWLEC 51 (1 April 1998) [1998] NSWLEC 67

DIRECTOR GENERAL OF THE DEPARTMENT OF LAND & WATER CONSERVATION v STANLEY ARTHUR JONES [1998] NSWLEC 51 (1 April 1998) [1998] NSWLEC 67

The defendant is convicted and a monetary penalty imposed, reduced due to a guilty plea, cooperation, contrition, no prior record, and agreement to pay prosecutor's costs. Specific deterrence is not needed but general deterrence is required for clearing contractors.

Jurisdiction
Australia
Judgment Date
01 April 1998
Procedural Posture
Criminal Prosecution / Sentence After Plea of Guilty
Outcome
conviction and monetary penalty
Legal Topics
['offence Against S 76(2) of the Land and Environment Court Act 1979' 'clearing Native Vegetation Without Consent' 'penalty After Guilty Plea']
['environmental Law' 'criminal Law'] ['offence Against S 76(2) of the Land and Environment Court Act 1979' 'clearing Native Vegetation Without Consent' 'penalty After Guilty Plea']

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Procedural Posture

Criminal Prosecution / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['Whether the defendant should be penalised for clearing native vegetation without the required consent' 'Appropriate penalty and mitigating circumstances']

Ratio Decidendi

The defendant is convicted and a monetary penalty imposed, reduced due to a guilty plea, cooperation, contrition, no prior record, and agreement to pay prosecutor's costs. Specific deterrence is not needed but general deterrence is required for clearing contractors.

Court Disposition

conviction and monetary penalty

Orders

  • ['The defendant is convicted of the offence as charged.' 'The defendant must pay a penalty in the sum of $3000.' "The defendant must pay the Prosecutor's costs in the sum of $7000 but is allowed 12 months to pay those costs." 'Exhibits may be returned.']