Hunters Hill Council v Liu [2018] NSWLEC 108

Hunters Hill Council v Liu [2018] NSWLEC 108

Ms Liu deliberately caused two protected trees of high significance on her neighbour’s property to be cut down without Hunters Hill Council’s consent, knowing such consent was required. The environmental harm constituted an aggravating factor. The offence is to be characterised as in the middle of the low range of seriousness, but more serious than comparable cases due to the deliberate nature. A starting penalty of $64,000 was reduced by 25% to $48,000 for early guilty plea, along with orders for remediation and payment of the Council’s costs.

Parties
Prosecutor: Hunters Hill Council; Defendant: Yueling Liu
Jurisdiction
Australia
Judgment Date
23 July 2018
Procedural Posture
Prosecution/sentence / Sentence (judgment After Guilty Plea)
Outcome
Conviction and sentence imposed after early guilty plea.
Legal Topics
Tree Preservation, Unauthorised Tree Removal, Sentencing Principles, Environmental Harm, Deterrence
Environmental Law Criminal Law Local Government Tree Preservation Unauthorised Tree Removal Sentencing Principles Environmental Harm Deterrence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 21 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Hunters Hill Council

Prosecutor

Yueling Liu

Defendant

Procedural Posture

Prosecution/sentence / Sentence (judgment After Guilty Plea)

Legal Issues

  1. 1 Whether the defendant unlawfully removed protected trees without consent
  2. 2 Appropriate penalty for unlawful removal of protected trees
  3. 3 Whether aggravating factors elevate seriousness of the offence

Ratio Decidendi

Ms Liu deliberately caused two protected trees of high significance on her neighbour’s property to be cut down without Hunters Hill Council’s consent, knowing such consent was required. The environmental harm constituted an aggravating factor. The offence is to be characterised as in the middle of the low range of seriousness, but more serious than comparable cases due to the deliberate nature. A starting penalty of $64,000 was reduced by 25% to $48,000 for early guilty plea, along with orders for remediation and payment of the Council’s costs.

Court Disposition

Conviction and sentence imposed after early guilty plea.

Orders

  • Defendant is convicted of an offence against s 125(1) of the Environmental Planning and Assessment Act 1979.
  • Defendant is fined $48,000.