Council of the City of Sydney v Trico Constructions Pty Ltd [2015] NSWLEC 56

Land and Environment Court New South Wales

Medium Neutral Citation: Council of the City of Sydney v Trico Constructions Pty Ltd [2015] NSWLEC 56 Hearing dates: 16 and 17 March 2015 Date of orders: 18 March 2015 Decision date: 18 March 2015 Jurisdiction: Class 5 Before: Preston CJ Decision: (1) The defendant is convicted of the offence as charged in the amended summons.

(2) The defendant is fined $46,750.

(3) The defendant is to pay the prosecutor's costs incurred on and after 18 November 2014, in such amount as may be determined under s 257G of the Criminal Procedure Act 1986. Catchwords: OFFENCES AND PENALTIES – sentence – carrying out development without consent – demolition of ceiling of heritage-listed building without prior development consent – objective seriousness of offence – ceiling of high heritage significance – removal caused actual environmental harm of medium seriousness – undermined regulatory system of development control – offence not committed with heightened state of mind or for financial gain – foreseeability of risk of environmental harm – practical measures to avoid environmental harm – control over causes giving rise to the offence – low overall objective seriousness – subjective circumstances of offender – no prior convictions – delayed plea of guilty – offender's remorse for the offence – offender unlikely to re-offend – appropriate penalty is fine – offender ordered to pay the prosecutor's costs COSTS – criminal proceedings – order for costs if the matter is adjourned – incorrect charge dates in summons – prosecutor's late application at trial to amend – amendment granted – matter adjourned – defendant changed plea from not guilty to guilty – costs incurred by defendant because of incorrect charge dates and late amendment – whether defendant incurred "additional costs because of unreasonable conduct or delays" of prosecutor – meaning of "additional costs" – defendant's costs not additional costs incurred by the matter being adjourned – no order for costs made