NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Ngo v Fairfield City Council [2009] NSWCCA 241
HEARING DATE(S): 7 August 2009
JUDGMENT DATE: 18 September 2009
JUDGMENT OF: Grove J at 1; Howie J at 31; Hoeben J at 32
DECISION: Penalties quashed. New penalties imposed.
CATCHWORDS: LAND AND ENVIRONMENT - Pollution of waters - Prosecution - Employee carrying out explicit instruction - Unaware of unlawfulness and reasonable grounds for so thinking - Assistance to authority - Intervention to quash disproportionate penalty - Penalty to reflect culpability of individual offender
Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Fines Act 1996 Protection of the Environment Operations Act 1997
CATEGORY: Principal judgment
EPA v Barnes [2006] NSWCCA 246 Markarian v The Queen (2006) 228 CLR 357 CASES CITED : Pearce v The Queen (1998) 194 CLR 610 R v Gallagher (1991) 23 NSWLR 220 R v PPB [1999] NSWCCA 360
PARTIES: Hong Son NGO - Applicant FAIRFIELD CITY COUNCIL - Respondent
FILE NUMBER(S): CCA 2008/11217
COUNSEL: J A Hickleton - Applicant T Howard - Respondent
SOLICITORS: Marsdens Law Group - Respondent
LOWER COURT JURISDICTION: Land and Environment Court
LOWER COURT FILE NUMBER(S): 50070/07
LOWER COURT JUDICIAL OFFICER: Jagot J
LOWER COURT DATE OF DECISION: 24 June 2008
IN THE COURT OF CRIMINAL APPEAL CCA 2008/11217
GROVE J HOWIE J HOEBEN J
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