Manly Council v Lee [2011] NSWLEC 166

Manly Council v Lee [2011] NSWLEC 166

Given the objective seriousness of the offence, more than negligible environmental harm, absence of extenuating circumstances, and importance of general deterrence, a conviction was warranted rather than a s 10 non-conviction order, but penalty was moderated to $7,200 in view of substantial mitigating subjective circumstances including early guilty plea, remorse, good character, no prior convictions, and willingness to remediate.

Parties
Prosecutor: Manly Council; Defendant: Tuck Seng Lee
Jurisdiction
Australia
Judgment Date
16 September 2011
Procedural Posture
Criminal Prosecution (environmental Offence) / Sentencing Judgment; Final Disposition
Outcome
Conviction recorded, fine imposed, prosecutor's costs ordered, exhibits returned.
Legal Topics
Tree Preservation Orders, Sentencing, Strict Liability Offences, Environmental Harm, Early Guilty Plea, General and Specific Deterrence
Environmental Law Criminal Law Tree Preservation Orders Sentencing Strict Liability Offences Environmental Harm Early Guilty Plea General and Specific Deterrence

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Parties

Manly Council

Prosecutor

Tuck Seng Lee

Defendant

Procedural Posture

Criminal Prosecution (environmental Offence) / Sentencing Judgment; Final Disposition

Legal Issues

  1. 1 What is the appropriate penalty for the defendant's breach of a tree preservation order under s 125(1) of the Environmental Planning and Assessment Act 1979?
  2. 2 Are there grounds to make a non-conviction order under s 10 of the Crimes (Sentencing Procedure) Act 1999?

Ratio Decidendi

Given the objective seriousness of the offence, more than negligible environmental harm, absence of extenuating circumstances, and importance of general deterrence, a conviction was warranted rather than a s 10 non-conviction order, but penalty was moderated to $7,200 in view of substantial mitigating subjective circumstances including early guilty plea, remorse, good character, no prior convictions, and willingness to remediate.

Court Disposition

Conviction recorded, fine imposed, prosecutor's costs ordered, exhibits returned.

Orders

  • The Defendant is convicted of the offence with which he is charged.
  • The Defendant is fined the sum of $7,200 to be paid to the Registrar of the Court within 28 days of today's date.