R. v. Milligan

R. v. Milligan

Because the court could not determine the extent of environmental harm or whether departmental approval might have been granted with conditions, and balancing the accused's deliberate non-cooperation against his modest means and partial remediation, the Crown's proposed fines were excessive; a fine of $8,500 plus victim surcharge (total $9,775) was appropriate to achieve deterrence without constituting an excessive penalty.

Citation
2004 NSPC 42
Parties
Prosecutor: Her Majesty the Queen; Accused: Scott Milligan
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
26 July 2004
Procedural Posture
Criminal Environmental / Sentencing/decision
Outcome
Accused convicted under Environment Act s.50(2); sentenced to a fine of $8,500 plus victim surcharge, total $9,775.
Legal Topics
Topsoil Removal, Environmental Approvals, Sentencing, Fines, Deterrence
Source Language
English
Environmental Law Criminal Law Administrative Law Topsoil Removal Environmental Approvals Sentencing Fines Deterrence

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Parties

Her Majesty the Queen

Prosecutor

Scott Milligan

Accused

Procedural Posture

Criminal Environmental / Sentencing/decision

Legal Issues

  1. 1 Appropriate sentence for an environmental offence under Environment Act s.50(2)
  2. 2 Relevance of potential departmental approval to assessment of environmental harm and sentence
  3. 3 Whether profits from sale of topsoil should determine quantum of fine

Ratio Decidendi

Because the court could not determine the extent of environmental harm or whether departmental approval might have been granted with conditions, and balancing the accused's deliberate non-cooperation against his modest means and partial remediation, the Crown's proposed fines were excessive; a fine of $8,500 plus victim surcharge (total $9,775) was appropriate to achieve deterrence without constituting an excessive penalty.

Court Disposition

Accused convicted under Environment Act s.50(2); sentenced to a fine of $8,500 plus victim surcharge, total $9,775.

Orders

  • Fine of $8,500.00 and victim surcharge, total $9,775.00