Director-General, Department of Environment Climate Change and Water v Vin Heffernan Pty Limited [2010] NSWLEC 200

Director-General, Department of Environment Climate Change and Water v Vin Heffernan Pty Limited [2010] NSWLEC 200

A monetary penalty of $30,150 is appropriate, having regard to the low to moderate objective gravity of the offence, the defendant's negligent state of mind, genuine remorse, early guilty plea, good character, assistance in related prosecutions, and the need for general deterrence, with a 33% discount applied.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
12 October 2010
Procedural Posture
Criminal Prosecution / Sentencing
Outcome
conviction and monetary penalty
Legal Topics
['unlawful Clearing of Native Vegetation' 'sentencing for Environmental Offences']
['environmental Law' 'criminal Law'] ['unlawful Clearing of Native Vegetation' 'sentencing for Environmental Offences']

Source-derived case record

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Procedural Posture

Criminal Prosecution / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for unlawful clearing of native vegetation contrary to s 12 Native Vegetation Act 2003?' 'What subjective and objective factors mitigate or aggravate the penalty?' 'Should discount be given for guilty plea and assistance in related prosecutions?']

Ratio Decidendi

A monetary penalty of $30,150 is appropriate, having regard to the low to moderate objective gravity of the offence, the defendant's negligent state of mind, genuine remorse, early guilty plea, good character, assistance in related prosecutions, and the need for general deterrence, with a 33% discount applied.

Court Disposition

conviction and monetary penalty

Orders

  • ['Defendant is convicted of the offence as charged.' 'Defendant is fined $30,150.' "Defendant is to pay prosecutor's costs in the sum of $30,000 within 28 days." 'Exhibits are to be returned.']