Moore v Environment Protection Authority (No 2) [2021] NSWLEC 146

Moore v Environment Protection Authority (No 2) [2021] NSWLEC 146

The sentence imposed by the Local Court (conviction, $2,000 fine, and $10,000 costs) was appropriate. The offence was not trivial, lacked extenuating circumstances, and was of mid-level objective seriousness, requiring the imposition of a conviction and penalty. Appellant's otherwise good character and mitigation did not warrant a s 10(1)(b) order or conditional release order without conviction. Comparative sentences and general deterrence reinforced the need for conviction and monetary penalty.

Jurisdiction
Australia
Judgment Date
10 December 2021
Procedural Posture
Criminal Sentencing Appeal / Sentencing Appeal From Local Court
Outcome
Sentencing appeal dismissed
Legal Topics
['sentencing—environmental Offences' 'use of Pesticides' 'strict Liability Offences' 'due Diligence Defence' 'appeals From Local Court' 'costs Orders']
['environmental Law' 'criminal Law'] ['sentencing—environmental Offences' 'use of Pesticides' 'strict Liability Offences' 'due Diligence Defence' 'appeals From Local Court' 'costs Orders']

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Procedural Posture

Criminal Sentencing Appeal / Sentencing Appeal From Local Court

Legal Issues

  1. 1 ['Whether appellant should be discharged without conviction under s 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW) and be subject to conditional release order under s 9' 'Appropriateness of original sentence by Local Court for offence under s 10(1)(a) Pesticides Act 1999 (NSW)' 'Assessment of objective seriousness of offence and whether extenuating circumstances apply']

Ratio Decidendi

The sentence imposed by the Local Court (conviction, $2,000 fine, and $10,000 costs) was appropriate. The offence was not trivial, lacked extenuating circumstances, and was of mid-level objective seriousness, requiring the imposition of a conviction and penalty. Appellant's otherwise good character and mitigation did not warrant a s 10(1)(b) order or conditional release order without conviction. Comparative sentences and general deterrence reinforced the need for conviction and monetary penalty.

Court Disposition

Sentencing appeal dismissed

Orders

  • ['The sentencing appeal of proceedings 18/267754 in the Local Court is dismissed pursuant to s 39(2)(c) of the Crimes (Appeal and Review) Act 2001 (NSW)' "The Appellant must pay the Respondent's costs of the conviction appeal Moore v Environment Protection Authority [2021] NSWLEC 87 as agreed or assessed" "The...