Cameron v Eurobodalla Shire Council [2006] NSWLEC 47

Reported Decision : (2006) 146 LGERA 349

Land and Environment Court of New South Wales

CITATION : Cameron v Eurobodalla Shire Council [2006] NSWLEC 47 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPELLANT Scott Cameron PARTIES : RESPONDENT Eurobodalla Shire Council

FILE NUMBER(S) : 60010 of 2005

CORAM: Preston CJ

Appeal :- appeal against severity of sentence of Local Court - appeal by way of rehearing - maximum penalty for offence - distinguished from jurisdictional limit of Local Court and amount of penalty notice - - guilty plea - appropriate sentence - offence committed on public land - actions resulting in offence committed knowingly and deliberately - actions taken to gain aesthetic and financial benefits - need for general deterrence - prevalence of offence - guilty plea and lack of prior criminality the only significant mitigating circumstances - pattern of sentencing for offence of kind committed - sentence given by Local Court was appropriate. KEY ISSUES: Environmental Offences:- carrying out of development without development consent - lopping of tree without consent - guilty plea - appropriate sentence - offence committed on public land - actions resulting in offence committed knowingly and deliberately - actions taken to gain aesthetic and financial benefits - need for general deterrence - prevalence of offence - guilty plea and lack of prior criminality the only significant mitigating circumstances

Crimes (Local Courts Appeal and Review) Act 2001, s 37(1), s 37(2) Criminal Appeal Act 1912, s 5AA Criminal (Sentencing Procedure) Act 1999, s 21A, s 22, s 23 LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 76A, s 125(1), s 126, s 127(3), s 127A Fines Act 1996, s 20, s 35, s 36, s 37 Land and Environment Court Act, 1979, s 21A Local Government Act 1991, s 694(1)