NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Plath v Hunter Valley Property Management Pty Limited [2010] NSWLEC 264
PROSECUTOR Gordon Plath of the Department of Environment, Climate Change and Water PARTIES : DEFENDANT Hunter Valley Property Management Pty Limited
FILE NUMBER(S) : 50028 of 2010
CORAM: Preston CJ
KEY ISSUES: ENVIRONMENTAL OFFENCES :- picking endangered population of plants - sentence - offence of low objective gravity - conduct offended against legislative objects - substantial environmental harm - conduct negligent - foreseeable risk of harm - practical measures to avoid harm - control over causes of harm - offence not committed for commercial gain - subjective circumstances of offender - lack of prior criminality - early plea of guilty - remorse - assistance to authorities - payment of prosecutor's costs - appropriate penalty a fine and publication order
Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: National Parks and Wildlife Act 1974 Threatened Species Conservation Act 1995
Bentley v BGP Properties Pty Ltd (2006) 145 LGERA 234 Director-General of the Department of Environment and Climate Change v Rae (2009) 168 LGERA 121 CASES CITED: Markarian v The Queen (2005) 228 CLR 357 Plath v Rawson (2009) 170 LGERA 253 R v Thomson (2006) 49 NSWLR 383
DATES OF HEARING: 24 September 2010
DATE OF JUDGMENT: 23 December 2010
PROSECUTOR Ms Erin Shepley (solicitor)
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