Kogarah City Council v Man Ho Wong [2013] NSWLEC 187

Land and Environment Court New South Wales

Medium Neutral Citation: Kogarah City Council v Man Ho Wong [2013] NSWLEC 187 Hearing dates: 24 October 2013 Decision date: 24 October 2013 Jurisdiction: Class 5 Before: Craig J Decision: Orders as set out at [38] Catchwords: SENTENCE - offences against s 143 of the Protection of the Environment Operations Act 1997 - transported waste to a place that could not lawfully be used as a waste facility for that waste - cartons packed with broken fibrous cement pieces left on footpath in four separate locations in different streets - material contained asbestos - defendant transported and deposited cartons of this material to avoid proper means of disposing of this waste - potential harm to the environment - defendant knew that depositing of material in the manner that he did was inappropriate - fines imposed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Fines Act 1996 (NSW) Protection of the Environment Operations Act 1997 (NSW) Cases Cited: Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357 and 359 Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 Veen v The Queen (No 2) [1988] HCA 14; (1988) 164 CLR 465 Category: Sentence Parties: Kogarah Council (Prosecutor) Man Ho Wong (Defendant) Representation: K Webber (solicitor) (Prosecutor) P Bouzanis (solicitor) (Defendant) Wilshire Webb Staunton Beattie Solicitors (Prosecutor) Owen Hodge Lawyers (Defendant) File Number(s): 50669 of 2013