NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Fairfield City Council v Hanna, Samir [2007] NSWLEC 343
APPLICANT Fairfield City Council PARTIES : RESPONDENT Samir Hanna
FILE NUMBER(S) : 50004 of 2007; 50005 of 2007
CORAM: Jagot J
KEY ISSUES: Prosecution :- sentence - commencing building works without construction certificate - development is breach of development consent - penalties - totality - guilty pleas
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Crimes (Sentencing Procedure) Act 1999
CASES CITED: R v Thomson (2000) 49 NSWLR 383
DATES OF HEARING: 7 June 2007
DATE OF JUDGMENT: 14 June 2007
APPLICANT J Thompson, solicitor SOLICITOR LEGAL REPRESENTATIVES: Ritchie & Castellan RESPONDENT I Lloyd QC SOLICITOR Hannaford Lawyers
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Jagot J
14 June 2007
50004 of 2007 50005 of 2007
FAIRFIELD CITY COUNCIL Applicant
SAMIR HANNA Respondent
JUDGMENT Jagot J:
A. The charges 1 The defendant, Mr Samir Hanna, has pleaded guilty to two offences against the Environmental Planning and Assessment Act 1979 (the EPA Act) as follows: (1) The defendant erected a building without first obtaining a construction certificate in breach of s 81A(2) of the EPA Act. (2) The defendant erected a building not in accordance with a development consent in breach of s 76A of the EPA Act.
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