Secretary, Department of Planning and Environment v T W Perram & Partners Pty Limited [2017] NSWLEC 170

Secretary, Department of Planning and Environment v T W Perram & Partners Pty Limited [2017] NSWLEC 170

The Defendant failed to disclose reportable political donations as required by s 147 of the Environmental Planning and Assessment Act 1979. However, due to extenuating circumstances including the online form design, the Defendant's lack of intent, prompt remediation, and full cooperation, it is appropriate to dismiss the charge without conviction pursuant to s 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999.

Parties
Prosecutor: Secretary, Department of Planning and Environment; Defendant: T W Perram & Partners Pty Limited
Jurisdiction
Australia
Judgment Date
08 December 2017
Procedural Posture
Sentence / Final Judgment
Outcome
Charge dismissed without conviction under s 10(1)(a) Crimes (Sentencing Procedure) Act 1999. Defendant found guilty but not convicted.
Legal Topics
Failure to Disclose Political Donations, Sentencing, Disclosure Obligations, Political Contributions, Environmental Planning Applications
Environmental Law Criminal Law Failure to Disclose Political Donations Sentencing Disclosure Obligations Political Contributions Environmental Planning Applications

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Parties

Secretary, Department of Planning and Environment

Prosecutor

T W Perram & Partners Pty Limited

Defendant

Procedural Posture

Sentence / Final Judgment

Legal Issues

  1. 1 Whether the Defendant failed to disclose reportable political donations as required by s 147 of the Environmental Planning and Assessment Act 1979
  2. 2 Whether the offence warrants a conviction or application of s 10 of the Crimes (Sentencing Procedure) Act 1999

Ratio Decidendi

The Defendant failed to disclose reportable political donations as required by s 147 of the Environmental Planning and Assessment Act 1979. However, due to extenuating circumstances including the online form design, the Defendant's lack of intent, prompt remediation, and full cooperation, it is appropriate to dismiss the charge without conviction pursuant to s 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999.

Court Disposition

Charge dismissed without conviction under s 10(1)(a) Crimes (Sentencing Procedure) Act 1999. Defendant found guilty but not convicted.

Orders

  • The Defendant is found guilty of the offence identified in the summons dated 19 January 2017.
  • Pursuant to s 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 the charge is dismissed.