Gittany Constructions Pty Limited v Sutherland Shire Council [2006] NSWLEC 242

Reported Decision : (2006) 145 LGERA 189

Land and Environment Court of New South Wales

CITATION : Gittany Constructions Pty Limited v Sutherland Shire Council [2006] NSWLEC 242

APPLICANT Gittany Constructions Pty Limited PARTIES : RESPONDENT Sutherland Shire Council

FILE NUMBER(S) : 60001; 60002; 60003 of 2006

CORAM: Preston CJ

Appeal :- appeal against severity of sentences of Local Court - appeals by way of rehearing - sentences that would be proportionate to objective circumstances of offences and subjective circumstances of offender would be more severe than sentences imposed by Local Court - appellant not warned at hearing of appeals of possibility of more severe sentences - sentences should not be varied by substituting more severe sentences - appropriate order is to dismiss appeals. KEY ISSUES: Environmental offences:- carrying out development not in accordance with conditions of development consent - removal of native trees required to be protected and retained - removal of indigenous bushland, trees, shrubs, groundcovers and sandstone rock outcrops required to be protected and retained - offender's actions objectively serious - offences foreseen, negligent and the consequences of conduct that was intended by offender - offences committed for reasons of practicality and expediency - mitigating circumstances - lack of prior convictions - early plea of guilty - contrition and remorse - assistance to authorities - inter-relatedness of mitigating circumstances justifies single combined discount - no extra-curial punishment established.

Crimes (Local Courts Appeal and Review) Act 2001 (NSW) s 3(3), s 31(2)(a), s 37(1), s 37(2), s 39(2) Crimes (Sentencing Procedure) Act 1999 s 3A, s 17, s 21A(3)(i), s 21A(3)(m), s 22, s 22(1), s 22(1)(b), s 23(2)(c) LEGISLATION CITED: Criminal Appeal Act 1912 s 5AA Environmental Planning and Assessment Act 1979 (NSW) s 76A(1), s 76A(1)(b), s 96, s 125(1), s 126(1), s 127(3) Fines Act 1996 (NSW) s 6