Corbyn v Walker Corporation Pty Ltd [2012] NSWLEC 75

Land and Environment Court New South Wales

Medium Neutral Citation: Corbyn v Walker Corporation Pty Ltd [2012] NSWLEC 75 Hearing dates: 28 March 2012 Decision date: 20 April 2012 Jurisdiction: Class 5 Before: Preston CJ Decision: Orders as set out at [66] Catchwords: PROSECUTION - trial - defendant found guilty - adjourned for sentence hearing - person who brought prosecution resigned from office of prosecutor - challenge to retainer of lawyers appearing for prosecutor at sentence hearing - proceedings do not abate by reason of resignation from office of person who brought proceedings - office from which person obtained instructions and directions can continue to instruct lawyers for prosecutor - challenge to retainer rejected

SENTENCE - clearing native vegetation - conduct offended against legislative objects - moderate degree of environmental harm - risk of environmental harm foreseeable and preventable - extended period of commission of offence - mitigating subjective circumstances - not planned or organised criminal activity - prior good character and lack of prior criminality - unlikelihood of reoffending - assistance to authorities - consistency with sentences for like offences - fine and order for costs Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Native Vegetation Act 2003 Cases Cited: Director-General of the Department of Environment and Climate Change v Hudson [2009] NSWLEC 4; (2009) 165 LGERA 256 Director-General of the Department of Environment and Climate Change v Rae [2009] NSWLEC 137; (2009) 168 LGERA 121; 197 A Crim R 31 Director-General of the Department of Environment, Climate Change and Water v Graymarshall Pty Ltd (No 2) [2011] NSWLEC 149 Director-General of the Department of Environment, Climate Change and Water v Walker Corporation Pty Ltd (No 2) [2011] NSWLEC 229 Director-General, Department of Environment and Climate Change v Walker Corporation Pty Limited (No 4) [2011] NSWLEC 119 Doulaveras v Daher [2009] NSWCA 58; (2009) 253 ALR 627 Elliott v Taylor [1947] St R Qd 210 Ex parte Browne; re McNamara (1967) 68 SR (NSW) 188 Ex parte W A Grubb Pty Ltd; re Johnston (1949) 66 WN (NSW) 224 Ove Arup Pty Ltd v Industrial Court of NSW [2006] NSWCA 28; (2006) 149 IR 193 Category: Sentence Parties: Ms Lisa Corbyn (Prosecutor) Walker Corporation Pty Ltd (Defendant) Representation: Mr B G Docking (Barrister) (Prosecutor) Mr J M Ireland QC with Ms J K Taylor (Defendant) Office of Environment & Heritage (Prosecutor) Colin Biggers & Paisley (Defendant) File Number(s): 50034 of 2010