Hongzhi Sun v Grant Barnes, Department of Industry [2018] NSWLEC 196

Land and Environment Court New South Wales

Medium Neutral Citation: Hongzhi Sun v Grant Barnes, Department of Industry [2018] NSWLEC 196 Hearing dates: 30 October 2018 Date of orders: 30 October 2018 Decision date: 30 October 2018 Jurisdiction: Class 6 Before: Moore J Decision: (1) The penalty imposed on Hongzhi Sun (the Defendant) for the offence in Court Attendance Notice 2 for a breach of s 91A(2) of the Water Management Act 2000 is set aside; (2) In substitution, the Defendant is fined the sum of $6,400; (3) The penalty imposed on the Defendant for the offence in Court Attendance Notice 6, for breach of s 91B(1) of the Water Management Act 2000 is set aside; (4) In substitution, the Defendant is fined the sum of $6,400; (5) The penalty imposed on the Defendant for the offence in Court Attendance Notice 16 of a breach of s 91K(2) of the Water Management Act 2000 is set aside; (6) In substitution, the Defendant is fined the sum of $6,400; (7) The penalty imposed on the Defendant for the offence in Court Attendance Notice 17 of a breach of s 336C(1) of the Water Management Act 2000 is set aside; (8) In substitution, the Defendant is fined the sum of $4,800; (9) The Defendant is ordered to pay the Prosecutor's cost of the appeal as agreed or assessed. Catchwords: APPEAL AGAINST SENTENCE IN LOCAL COURT - four water offences - guilty pleas - circumstances of reasons for and timing of guilty pleas - consideration of discount on sentence to be given - consideration of relevant objective and subjective factors - no financial circumstances requiring moderation of penalties - appeals upheld - Appellant resentenced Legislation Cited: Crimes (Appeal and Review) Act 2001, s 31 Crimes (Sentencing Procedure) Act 1999, ss 3A, 21A, 22 Fines Act 1996, s 6 Water Management Act 2000, ss 91A, 91B, 91K, 327 336C, 344A, 364A Cases Cited: Barbaro v The Queen, Saveio Zirilli v The Queen [2014] 253 CLR 58; [2014] HCA 2 Camilleri's Stock Feeds Pty Ltd v Environment Protection Authority (1993) 2 NSWLR 683 Costa Holdings Investments Pty Limited (unrep) Wentworth Local Court, September 2016 Environment Protection Authority v Waste Recycling and Processing Corporation 148 LGERA 299; [2006] NSWLEC 419 Environment Protection Authority v Barnes [2006] NSWCCA 246 Markarian v R (2005) 229 CLR 357; [2005] HCA 25 R v Thomson, R v Houlton [2000] 49 NSWLR 383; [2000] NSWCCA 383 Veen (No 2) v R (1988) 164 CLR 465; [1998] HCA 14 Wollongong City Council v Eldridge [2017] NSWLEC 35 Category: Sentence Parties: Hongzhi Sun (Appellant) Grant Barnes, Department of Industry (Respondent) Representation: Counsel: Appellant in person Ms J Single, barrister (Respondent)