Barbara Filipowski v Vopak Terminals Sydney Pty Limited [2006] NSWLEC 104

Barbara Filipowski v Vopak Terminals Sydney Pty Limited [2006] NSWLEC 104

The Defendant failed to prove on the balance of probabilities that the gasket failure and discharge were caused by a pressure surge created by the Team Neptun's pumping action or inaction. The evidence did not support the factual premise that the ship's pumps stopped and recommenced at full pressure within about 30 seconds, and the Court preferred the practical expert evidence of Mr Burge over the more theoretical evidence of Mr Flannery. Because the foundation for the s 10 application was not established, and because the admitted offence was a serious strict-liability marine pollution offence involving failure of a pipeline in a marine environment, the Court convicted the Defendant and...

Jurisdiction
Australia
Judgment Date
07 March 2006
Procedural Posture
Prosecution for an Offence Against Marine Pollution Act 1987, S 27(1) / Sentencing After Guilty Plea
Outcome
Defendant convicted and fined; application for dismissal under Crimes (Sentencing Procedure) Act 1999, s 10 refused.
Legal Topics
['marine Pollution' 'discharge of Oil Into State Waters' 'transfer Operations' 'strict Liability' 'sentencing Discretion Under Crimes (sentencing Procedure) Act 1999, S 10' 'expert Evidence on Gasket Failure and Pressure Surge']
['environmental Law' 'criminal Sentencing'] ['marine Pollution' 'discharge of Oil Into State Waters' 'transfer Operations' 'strict Liability' 'sentencing Discretion Under Crimes (sentencing Procedure) Act 1999, S 10' 'expert Evidence on Gasket Failure and Pressure Surge']

Case Brief

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Procedural Posture

Prosecution for an Offence Against Marine Pollution Act 1987, S 27(1) / Sentencing After Guilty Plea

Legal Issues

  1. 1 ["Whether the Defendant had established on the balance of probabilities that the gasket failure was caused by circumstances beyond its control, namely a pressure surge created by the ship Team Neptun's pumping action or inaction." 'Whether the Court should exercise the discretion under Crimes (Sentencing Procedure) Act 1999, s 10 to dismiss the charge without conviction.' 'What penalty was appropriate for the admitted offence under Marine Pollution Act 1987, s 27(1).']

Ratio Decidendi

The Defendant failed to prove on the balance of probabilities that the gasket failure and discharge were caused by a pressure surge created by the Team Neptun's pumping action or inaction. The evidence did not support the factual premise that the ship's pumps stopped and recommenced at full pressure within about 30 seconds, and the Court preferred the practical expert evidence of Mr Burge over the more theoretical evidence of Mr Flannery. Because the foundation for the s 10 application was not established, and because the admitted offence was a serious strict-liability marine pollution offence involving failure of a pipeline in a marine environment, the Court convicted the Defendant and...

Court Disposition

Defendant convicted and fined; application for dismissal under Crimes (Sentencing Procedure) Act 1999, s 10 refused.

Orders

  • ['The Defendant is convicted of the offence charged.' 'A penalty of $60,000 is imposed in respect of that conviction.' "The Defendant is to pay the Prosecutor's costs as determined in accordance with the Criminal Procedure Act 1986, s 253(2)." 'The exhibits are to be returned.']