Fairfield City Council v TT Rubbish Removal Pty Limited; Fairfield City Council v Kim Thu Nguyen [2008] NSWLEC 201

Fairfield City Council v TT Rubbish Removal Pty Limited; Fairfield City Council v Kim Thu Nguyen [2008] NSWLEC 201

The Court was not prepared to find beyond reasonable doubt that Mrs Nguyen directed Mr Ngo to wash the truck and drain wastewater into the stormwater system, but the offences remained objectively serious. TT Rubbish Removal and Mrs Nguyen were responsible for the employee's conduct and for the absence of effective systems preventing the use of a public stormwater drain as a receptacle for truck wash wastewater. Taking account of the statutory sentencing factors, deterrence, the defendants' means, lack of prior convictions, early guilty pleas, low-order harm, agreed costs, accidental multiplicity between the company and manager, and totality, the appropriate total penalty after a 25%...

Jurisdiction
Australia
Judgment Date
26 June 2008
Procedural Posture
Prosecution for Offences Against S 120(1) of the Protection of the Environment Operations Act 1997 / Sentence Following Guilty Pleas
Outcome
Defendants convicted and fined; defendants ordered to pay agreed Council costs.
Legal Topics
['pollution of Waters' 'stormwater Drain Pollution' 'corporate and Manager Liability' 'guilty Plea Discount' 'specific and General Deterrence' 'proof of Aggravating Circumstances']
['environmental Law' 'criminal Sentencing'] ['pollution of Waters' 'stormwater Drain Pollution' 'corporate and Manager Liability' 'guilty Plea Discount' 'specific and General Deterrence' 'proof of Aggravating Circumstances']

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Procedural Posture

Prosecution for Offences Against S 120(1) of the Protection of the Environment Operations Act 1997 / Sentence Following Guilty Pleas

Legal Issues

  1. 1 ['What penalty should be imposed for six offences of polluting waters by draining truck wash wastewater into a public stormwater drain.' 'Whether the prosecutor proved beyond reasonable doubt that Kim Thu Nguyen directed Hong Son Ngo to wash the truck and drain the wastewater into the stormwater drainage system.' "How to account for the defendants' means, lack of prior convictions, early guilty pleas, agreed costs, objective seriousness, totality, and the overlap between the company and its manager."]

Ratio Decidendi

The Court was not prepared to find beyond reasonable doubt that Mrs Nguyen directed Mr Ngo to wash the truck and drain wastewater into the stormwater system, but the offences remained objectively serious. TT Rubbish Removal and Mrs Nguyen were responsible for the employee's conduct and for the absence of effective systems preventing the use of a public stormwater drain as a receptacle for truck wash wastewater. Taking account of the statutory sentencing factors, deterrence, the defendants' means, lack of prior convictions, early guilty pleas, low-order harm, agreed costs, accidental multiplicity between the company and manager, and totality, the appropriate total penalty after a 25%...

Court Disposition

Defendants convicted and fined; defendants ordered to pay agreed Council costs.

Orders

  • ['The defendants are convicted of the offences charged.' 'TT Rubbish Removal Pty Limited is fined the sum of $22,500.' 'Kim Thu Nguyen is fined the sum of $22,500.' "The defendants are ordered to pay the Council's costs agreed in the sum of $68,527.51." 'The exhibits are returned.']