Secretary, Department of Planning and Environment v T W Perram & Partners Pty Limited [2017] NSWLEC 170

Land and Environment Court New South Wales

Medium Neutral Citation: Secretary, Department of Planning and Environment v T W Perram & Partners Pty Limited [2017] NSWLEC 170 Hearing dates: 5 December 2017 Date of orders: 08 December 2017 Decision date: 08 December 2017 Jurisdiction: Class 5 Before: Pain J Decision: (1) The Defendant is found guilty of the offence identified in the summons dated 19 January 2017. (2) Pursuant to s 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 the charge is dismissed. (3) The Defendant is to pay the Prosecutor's costs as agreed or assessed. (4) The exhibits be returned. Catchwords: SENTENCE – plea of guilty to failure to disclose political donations – low objective seriousness-extenuating circumstances Legislation Cited: Crimes (Sentencing Procedure) Act 1999 ss 3A, 21, 21A, 22 Election Funding, Expenditure and Disclosures Act 1981 ss 4, 4A, 86, 96H Environmental Planning and Assessment Act 1979 ss 125, 147 Cases Cited: Australian Competition and Consumer Commission v TPG Internet Pty Ltd (2013) 250 CLR 640; [2013] HCA 54 Bentley v BGP Properties Pty Ltd (2006) 145 LGERA 234; [2006] NSWLEC 34 Callaghan v R (1952) 87 CLR 115; [1952] HCA 55 Camilleri's Stock Feeds Pty Limited v Environment Protection Authority (1993) 32 NSWLR 683 Council of the Municipality of Kiama v Pacific Real Estate (Warilla) Pty Ltd [2009] NSWLEC 191 Director-General, Department of Planning and Infrastructure v Aston Coal 2 Pty Ltd (2013) 199 LGERA 176; [2013] NSWLEC 188 Gittany Constructions Pty Ltd v Sutherland Shire Council (2006) 145 LGERA 189; [2006] NSWLEC 242 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 R v Olbrich (1999) 199 CLR 270; [1999] HCA 54 R v Thompson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309 Secretary, Department of Planning and Environment v AGL Energy Limited [2017] NSWLEC 2 Secretary, Department of Planning and Environment v AGL Energy Limited; Secretary, Department of Planning and Environment v AGL Upstream Infrastructure Investments Pty Limited [2017] NSWLEC 2 Veen v The Queen (1979) 143 CLR 458; [1979] HCA 7 Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14 Category: Sentence Parties: Secretary, Department of Planning and Environment (Prosecutor) T W Perram & Partners Pty Limited (Defendant) Representation: COUNSEL: D Jordan and T Boyle (Prosecutor) S Duggan SC and J Mort (Defendant)