Turnbull v Chief Executive of the Office of Environment and Heritage [2018] NSWCCA 229

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Turnbull v Chief Executive of the Office of Environment and Heritage [2018] NSWCCA 229 Hearing dates: 28 September 2018 Decision date: 17 October 2018 Before: Payne JA at [1] Simpson AJA at [2] Wilson J at [34] Decision: Appeal dismissed Catchwords: CRIMINAL LAW – appeal – appeal against sentence – whether sentence manifestly excessive.

CRIMINAL LAW – appeal – appeal against sentence – offence under s 12(1) of the Native Vegetation Act 2003 (NSW) – where another person charged under the same section – where offences of a similar nature – application of parity principle Legislation Cited: Criminal Appeal Act 1912, s 5AB Environmental Planning & Assessment Act 1979 (NSW), s 126(1) Native Vegetation Act 2003 (NSW) s 12(1) Cases Cited: Chief Executive of the Office of Environment and Heritage, Department of Premier and Cabinet v Turnbull [2014] NSWLEC 150 Green v The Queen; Quinn v The Queen (2011) 244 CLR 463; [2011] HCA 49 Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45 Jimmy v The Queen (2010) 77 NSWLR 540; [2010] NSWCCA 60 Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46 R v Thomson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309 Turnbull v Director-General, Office of Environment and Heritage (2014) 212 LGERA 163; [2014] NSWLEC 84. Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64 Category: Principal judgment Parties: Grant Turnbull (Appellant) Chief Executive of the Office of Environment & Heritage (Respondent) Representation: Counsel: T Alexis SC (Appellant) T G Howard SC / D K Jordan (Respondent)