Pesic v Sutherland Shire Council [2019] NSWLEC 38

Land and Environment Court New South Wales

Medium Neutral Citation: Pesic v Sutherland Shire Council [2019] NSWLEC 38 Hearing dates: 05 March 2019 Date of orders: 02 April 2019 Decision date: 02 April 2019 Jurisdiction: Class 6 Before: Preston CJ Decision: The Court: (1) Grants leave under s 33 of the Crimes (Appeal and Review) Act 2001 to Mr Pesic to appeal under s 31 against the sentence imposed by the Local Court on 25 July 2018. (2) Dismisses the appeal against the sentence imposed by the Local Court on 25 July 2018. (3) Orders Mr Pesic to pay Sutherland Shire Council's costs of the appeal. Catchwords: APPEAL – appeal from Local Court – appeal against severity of sentence – appeal dismissed Legislation Cited: Crimes (Appeal and Review) Act 2001 Crimes (Sentencing Procedure) Act 1999 Environmental Planning and Assessment Act 1979 Motor Dealers and Repairers Act 2013 Cases Cited: Cmunt v Commissioner of Police NSW [2019] NSWLEC 33 Environment Protection Authority v Hanna [2018] NSWLEC 80 Parker v Director of Public Prosecutions of NSW (1992) 28 NSWLR 282 Plath v Rawson (2009) 170 LGERA 253; [2009] NSWLEC 178 R v De Simoni (1981) 147 CLR 383 at 389; [1981] HCA 31 Terrey v Department of Environment, Climate Change and Water [2011] NSWLEC 141 Category: Principal judgment Parties: Don Pesic (Appellant) Sutherland Shire Council (Respondent) Representation: Counsel: Mr M Carr (Solicitor) (Appellant) Ms L Nurpuri (Respondent)