Holroyd City Council v Khoury (No 3) [2011] NSWLEC 210

Land and Environment Court New South Wales

Medium Neutral Citation: Holroyd City Council v Khoury (No 3) [2011] NSWLEC 210 Hearing dates: 16 November 2011 Decision date: 16 November 2011 Jurisdiction: Class 5 Before: Pain J Decision: The Court makes the following orders: 1. The Defendant is convicted of the offence the subject of these proceedings being the failure to comply with the s 121B order issued by the Council in July 2010. 2. The Defendant is fined $35,000. 3. The Defendant is to pay the Council's costs as agreed or assessed. Catchwords: SENTENCE - sentencing following finding of guilt made in absence of defendant - relevant objective factors - few subjective factors able to be considered - no remorse shown by defendant Legislation Cited: Crimes (Sentencing Procedure) Act 1999 s 3A, s 21A, s 22, s 23 Environmental Planning and Assessment Act 1979 s 121B, s 121H Fines Act 1996 s 6, s 10 Cases Cited: Axer Pty Limited v Environment Protection Authority (1993) 113 LGERA 357 Cabonne Shire Council v Environment Protection Authority [2001] NSWCCA 280; (2001) 115 LGERA 304 EPA v Barnes [2006] NSWCCA 246 Gittany Constructions Pty Limited v Sutherland Shire Council [2006] NSWLEC 242; (2006) 145 LGERA 189 Hawkesbury City Council v Johnson; Hawkesbury City Council v Johnson Property Group Pty Limited (No 2) [2009] NSWLEC 6 Hili v R; Jones v R [2010] HCA 45; (2010) 242 CLR 520 Holroyd City Council v Khoury [2011] NSWLEC 157 Holroyd City Council v Khoury (No 2) [2011] NSWLEC 158 Category: Sentence Parties: Holroyd City Council (Prosecutor) Robert Khoury (Defendant) Representation: Mr J Johnson (Prosecutor) Mr R Khoury (Defendant - in person) HWL Ebsworth Lawyers (Prosecutor) File Number(s): 50397 of 2011