Carter v Wall [2002] NSWLEC 124

Carter v Wall [2002] NSWLEC 124

The defendant was convicted for deliberately removing approximately 3,000 mangrove trees, a significant offence under s 205(2) of the Fisheries Management Act 1994, without a valid permit, and was fined taking into account her plea of guilty, absence of prior environmental offences, and the requirement to remediate by fencing.

Parties
Prosecutor: Peter Carter; Defendant: Verna Wall
Jurisdiction
Australia
Judgment Date
22 August 2002
Procedural Posture
Prosecution / Sentencing
Outcome
defendant convicted and fined; remedial fencing order and order for costs granted
Legal Topics
Destruction of Marine Vegetation Without Permit, Sentencing, Mitigation, Fencing Order for Remediation
Environmental Law Criminal Law Destruction of Marine Vegetation Without Permit Sentencing Mitigation Fencing Order for Remediation

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Parties

Peter Carter

Prosecutor

Verna Wall

Defendant

Procedural Posture

Prosecution / Sentencing

Legal Issues

  1. 1 Whether the defendant deliberately harmed marine vegetation in a protected area without a valid permit under the Fisheries Management Act 1994
  2. 2 Whether the defendant's conduct was mitigated by a plea of guilty and absence of similar prior offences
  3. 3 Whether a fencing order may be imposed to aid site remediation under the Fisheries Management Act

Ratio Decidendi

The defendant was convicted for deliberately removing approximately 3,000 mangrove trees, a significant offence under s 205(2) of the Fisheries Management Act 1994, without a valid permit, and was fined taking into account her plea of guilty, absence of prior environmental offences, and the requirement to remediate by fencing.

Court Disposition

defendant convicted and fined; remedial fencing order and order for costs granted

Orders

  • The defendant is convicted of the offence as charged.
  • The defendant is fined the sum of $10,000.