Georges River Council v WK Strong Pty Limited; Georges River Council v Awada [2019] NSWLEC 97

Georges River Council v WK Strong Pty Limited; Georges River Council v Awada [2019] NSWLEC 97

The offences were all of low objective seriousness because the proven harm was limited and not substantial, the evidence did not prove intentional, negligent or reckless offending, and although harm was foreseeable and practical measures could have been taken, the offenders had mitigating subjective circumstances including no prior convictions, good character, early guilty pleas, remorse, assistance to the prosecutor and steps to prevent reoffending. WK Strong Pty Limited should nevertheless be convicted and fined because it committed four offences, while the totality principle required adjustment for overlapping conduct. Mr Awada should be found guilty but the proceedings dismissed under...

Jurisdiction
Australia
Judgment Date
08 July 2019
Procedural Posture
Class 5 Prosecution for Offences Against the Environmental Planning and Assessment Act 1979 Concerning Cutting Trees Without Development Consent and Breaching Conditions of Development Consent / Sentence Hearing After Guilty Pleas
Outcome
WK Strong Pty Limited was convicted and fined for four offences. Mr Khaled Awada was found guilty but the proceedings were dismissed. Costs were ordered in favour of the prosecutor.
Legal Topics
['cutting Trees Without Development Consent' 'breach of Development Consent Conditions' 'objective Seriousness' 'environmental Harm' 'strict Liability Offences' 'guilty Plea Discount' 'totality Principle' 'section 10 Dismissal' 'costs']
['environmental Law' 'planning Law' 'criminal Sentencing'] ['cutting Trees Without Development Consent' 'breach of Development Consent Conditions' 'objective Seriousness' 'environmental Harm' 'strict Liability Offences' 'guilty Plea Discount' 'totality Principle' 'section 10 Dismissal' 'costs']

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Procedural Posture

Class 5 Prosecution for Offences Against the Environmental Planning and Assessment Act 1979 Concerning Cutting Trees Without Development Consent and Breaching Conditions of Development Consent / Sentence Hearing After Guilty Pleas

Legal Issues

  1. 1 ['What sentences should be imposed on WK Strong Pty Limited for four offences against the Environmental Planning and Assessment Act 1979 concerning Trees 1, 2, 9 and 12.' 'Whether Mr Khaled Awada should be found guilty without conviction and have the charge dismissed under s 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999.' 'How the objective seriousness of the offences should be assessed, including harm to the trees, foreseeability of harm, practical measures to prevent harm, and control over the causes of the offences.' 'Whether the totality principle required adjustment of the fines for multiple offences.' 'What costs order should be made.']

Ratio Decidendi

The offences were all of low objective seriousness because the proven harm was limited and not substantial, the evidence did not prove intentional, negligent or reckless offending, and although harm was foreseeable and practical measures could have been taken, the offenders had mitigating subjective circumstances including no prior convictions, good character, early guilty pleas, remorse, assistance to the prosecutor and steps to prevent reoffending. WK Strong Pty Limited should nevertheless be convicted and fined because it committed four offences, while the totality principle required adjustment for overlapping conduct. Mr Awada should be found guilty but the proceedings dismissed under...

Court Disposition

WK Strong Pty Limited was convicted and fined for four offences. Mr Khaled Awada was found guilty but the proceedings were dismissed. Costs were ordered in favour of the prosecutor.

Orders

  • ['In proceedings 2018/227315 concerning Tree 1, WK Strong Pty Limited is convicted of the offence against s 125(3A) of the Environmental Planning and Assessment Act 1979 as charged and fined $15,000.' 'In proceedings 2018/227316 concerning Tree 2, WK Strong Pty Limited is convicted of the offence against s 125(3A)...