Corbyn v Walker Corporation Pty Ltd [2012] NSWLEC 75

Corbyn v Walker Corporation Pty Ltd [2012] NSWLEC 75

The proceedings were validly continued despite the resignation of the prosecutor; the office responsible can continue to instruct legal representatives. The appropriate penalty for clearing native vegetation without consent, causing moderate environmental harm but not committed intentionally or for financial gain, and with mitigating factors present, is a conviction, a fine of $80,000, and an order to pay the prosecutor's costs.

Jurisdiction
Australia
Judgment Date
20 April 2012
Procedural Posture
Prosecution / Sentence
Outcome
Conviction and sentencing of defendant; fine imposed; order for costs
Legal Topics
['native Vegetation Clearing' 'sentencing' 'prosecution Validity' 'statutory Interpretation']
['environmental Law' 'criminal Law'] ['native Vegetation Clearing' 'sentencing' 'prosecution Validity' 'statutory Interpretation']

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Procedural Posture

Prosecution / Sentence

Legal Issues

  1. 1 ['Whether proceedings abate due to resignation of prosecutor' "Validity of retainer for prosecutor's counsel post-resignation" 'Appropriate sentence for clearing native vegetation in breach of the Native Vegetation Act 2003']

Ratio Decidendi

The proceedings were validly continued despite the resignation of the prosecutor; the office responsible can continue to instruct legal representatives. The appropriate penalty for clearing native vegetation without consent, causing moderate environmental harm but not committed intentionally or for financial gain, and with mitigating factors present, is a conviction, a fine of $80,000, and an order to pay the prosecutor's costs.

Court Disposition

Conviction and sentencing of defendant; fine imposed; order for costs

Orders

  • ['The defendant is convicted of the offence as charged.' 'The defendant is fined the sum of $80,000.' "The defendant is to pay the prosecutor's costs of the proceedings as may be determined under s 257G of the Criminal Procedure Act 1986."]