Goo v Office of Environment & Heritage [2016] NSWLEC 27

Land and Environment Court New South Wales

Medium Neutral Citation: Goo v Office of Environment & Heritage [2016] NSWLEC 27 Hearing dates: 3 December 2015, 18 February and 1 March 2016 Date of orders: 24 March 2016 Decision date: 24 March 2016 Jurisdiction: Class 6 Before: Moore J Decision: At [87] Catchwords: SENTENCE – possession and sale of protected fauna (3 offences in total) – appeal against sentence in Local Court – relevant objective and subjective factors – custodial sentence not appropriate – financial penalty appropriate – resentencing required – specific and general deterrence – appeal upheld and fine imposed Legislation Cited: Crimes (Appeal and Review) Act 2001. Crimes (Sentencing Procedure) Act 1999 Fines Act 1996 National Parks and Wildlife Act 1974 Cases Cited: R v Thompson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383 Category: Principal judgment Parties: Jerry Goo (Applicant) Office of Environment & Heritage (Respondent) Representation: Counsel: Mr E Bateman, solicitor (Respondent)

Solicitors: Office of Environment & Heritage (Respondent) File Number(s): 60578 of 2015 Publication restriction: No

TABLE OF CONTENTS Judgment The offending conduct The charges The Local Court proceedings The statutory appeal processes The Land and Environment Court proceedings After the hearing The relevant statutory framework The Prosecutor's evidence What I do not have The NPW Act offences and their available penalties NPW Act matters required to be considered Extent of harm (s 194(1)(a)) Mitigation (s 194(1)(c)) Foreseeability of harm (s 194(1)(d)) Control over causes (s 194(1)) Commercial gain (s 194(1)(h)) The Sentencing Procedure Act Specific deterrence Conclusion on "serious offending" General deterrence Remorse Is any discount for a guilty plea warranted? Totality and aggregation Penalty The Local Court costs order Orders Annexure A