Environment Protection Authority v Rohan John Williams [2006] NSWLEC 722

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v Rohan John Williams [2006] NSWLEC 722

PROSECUTOR Environment Protection Authority PARTIES : DEFENDANT Rohan John Williams (also known as Rowan John Williams)

FILE NUMBER(S) : 50038 of 2005

CORAM: Preston CJ

KEY ISSUES: Environmental Offences :- sentencing - use of pesticide in a manner that injured or was likely to injure another person - aerial spraying of wheat crops adjacent to road - injury to driver on road - injury acute and not permanent - practical measures could have been taken to avoid injury - offences foreseen - control over causes - complying with employer's order - no disregard for public safety - no prior convictions - prior good character - late plea of guilty - contrition and remorse - assistance to authorities - extra-curial punishment - loss of reputation - payment of prosecutor's costs.

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999, s 3A(b), 10(1)(a), s 21A(2)(i), s 21A(3)(a), s 21A(3)(e), s 21A(3)(f), s 21A(3)(g), s 21A(3)(i), s 21A(3)(k), s 21A(3)(m), s 22(1), s 23(2). Pesticides Act 1999 s 4, s 5, s 5(2), s 10(1)(a), s 109 (1)(a), s 109(1)(b), s 109 (1)(c), s 109 (1)(d), s 109(1)(e), s 109(1)(g).

Axer Pty Limited v Environmental Protection Authority (1993) 113 LGERA 357; Byers v Leichhardt Municipal Council [2006] NSWLEC 82; CASES CITED: EPA v Barnes [2006] NSWCCA 246; R v Gallagher (1991) 23 NSWLR 220; R v Thomson; R v Houlton (2000) 49 NSWLR 383