Plath v Rawson [2009] NSWLEC 178

Reported Decision : (2009) 170 LGERA 253

Land and Environment Court of New South Wales

CITATION : Plath v Rawson [2009] NSWLEC 178

PROSECUTOR Gordon Plath PARTIES : DEFENDANT Lance Rawson

FILE NUMBER(S) : 50077-50083 of 2007

CORAM: Preston CJ

KEY ISSUES: ENVIRONMENTAL OFFENCES :- picking threatened plant species - sentence - offence of medium objective gravity - conduct offended against legislative objects - substantial environmental harm - conduct deliberate and in reckless disregard for whether lawful or not, but without actual knowledge that plants were threatened species - offences committed to earn a fee - foreseeable risk of harm - practical measures to avoid harm - control over causes of harm - subjective circumstances of offender - lack of prior criminality - prior good character of less weight - plea of guilty of less utilitarian value because of delay and contested factual basis for sentencing - lack of contrition and remorse for conduct or consequences - minimal assistance to authorities - appropriateness of imprisonment, community service order and fine - combination of community service and fine - totality principle - adjustment of individual sentences - means to pay - reduction in amount of fine - prosecutor's costs

Crimes (Administration of Sentences) Act 1999, ss 3, 108, 115 Crimes (Sentencing Procedure) Act 1999, ss 3A, 8, 21A(2)(g), 21A(3), 22, 23(1), 86, 87, 90 Criminal Procedure Act 1986, ss 257B, 257G LEGISLATION CITED: Fines Act 1996, ss 3, 4(1), 6, 7, 10 National Parks and Wildlife Act 1974, ss 2A, 118A(2), 118D(1), 137, 138, 176 Protection of the Environment Administration Act 1991, s 6(2) Threatened Species Conservation Act 1995, s 3