A legislative increase in maximum penalty for environmental offences does not require a proportionate increase in fines for all offences; offences of low criminality remain of low gravity regardless of the increased maximum. Where a corporate offender is charged, the deliberate nature of an employee's actions contrary to instructions cannot be treated as the employer having committed the offence 'intentionally'; the employee's conduct is relevant only insofar as it reflects on deficiencies in the employer's systems of education and instruction. A pollution offence involving no actual or lasting environmental harm, minimal potential harm, prompt remediation, full cooperation, a clean record, and an early guilty plea is properly characterised as being of low gravity.
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