Chief Executive, Office of Environment and Heritage v Merriman [2018] NSWLEC 96

Chief Executive, Office of Environment and Heritage v Merriman [2018] NSWLEC 96

Given high end of low objective seriousness, substantial mitigating factors including age, health, remorse, positive covenant registration, remediation of environmental harm, and lack of financial benefit, it is appropriate to discharge the defendant without conviction upon entry into a two-year good behaviour bond under s 10(1)(b) Crimes (Sentencing Procedure) Act 1999.

Jurisdiction
Australia
Judgment Date
22 June 2018
Procedural Posture
Criminal Prosecution / Sentencing
Outcome
Defendant discharged without conviction; order for good behaviour bond and costs.
Legal Topics
['sentencing' 'native Vegetation Clearing' 'strict Liability Offences' 'mitigating Factors' 'environmental Harm' 'conditional Discharge']
['environmental Law' 'criminal Law'] ['sentencing' 'native Vegetation Clearing' 'strict Liability Offences' 'mitigating Factors' 'environmental Harm' 'conditional Discharge']

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Procedural Posture

Criminal Prosecution / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for offence of clearing native vegetation contrary to s 12(1) of the Native Vegetation Act 2003' 'Whether conviction should be recorded or defendant discharged subject to entering into a good behaviour bond under s 10(1)(b) of Crimes (Sentencing Procedure) Act 1999']

Ratio Decidendi

Given high end of low objective seriousness, substantial mitigating factors including age, health, remorse, positive covenant registration, remediation of environmental harm, and lack of financial benefit, it is appropriate to discharge the defendant without conviction upon entry into a two-year good behaviour bond under s 10(1)(b) Crimes (Sentencing Procedure) Act 1999.

Court Disposition

Defendant discharged without conviction; order for good behaviour bond and costs.

Orders

  • ['The Defendant is guilty of the charge but no conviction is recorded upon entering into a two-year good behaviour bond under s 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999.' 'The Defendant must be of good behaviour and appear before the Court if called upon during the bond term.' "The Defendant is to pay...