Environment Protection Authority v Hargraves [No. 2] [2003] NSWLEC 15

Environment Protection Authority v Hargraves [No. 2] [2003] NSWLEC 15

The defendant was convicted of two offences for knowingly furnishing false and misleading information during an interview conducted pursuant to a statutory requirement. Applying the principle of totality, the Court imposed penalties reflecting the connected nature of the offences.

Jurisdiction
Australia
Judgment Date
13 February 2003
Procedural Posture
Criminal Prosecution / Sentencing and Orders
Outcome
Defendant convicted of two offences; penalty imposed for each offence, adjusted under the principle of totality.
Legal Topics
['false or Misleading Information' 'sentencing' 'principle of Totality' 'environmental Offences']
['environmental Law' 'criminal Law'] ['false or Misleading Information' 'sentencing' 'principle of Totality' 'environmental Offences']

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Procedural Posture

Criminal Prosecution / Sentencing and Orders

Legal Issues

  1. 1 ['Penalty for furnishing materially false or misleading information in purported compliance with a requirement under Protection of the Environment Operations Act 1997' 'Application of the principle of totality in sentencing for connected offences']

Ratio Decidendi

The defendant was convicted of two offences for knowingly furnishing false and misleading information during an interview conducted pursuant to a statutory requirement. Applying the principle of totality, the Court imposed penalties reflecting the connected nature of the offences.

Court Disposition

Defendant convicted of two offences; penalty imposed for each offence, adjusted under the principle of totality.

Orders

  • ['Defendant convicted as charged in both matters.' 'Defendant must pay a penalty of $15,000 for each offence.' "Defendant must pay prosecutor's costs in accordance with section 52(2) of the Land and Environment Court Act 1979." 'Exhibits may be returned in both matters.']