The case provides a comprehensive framework for sentencing water pollution offences under s 120(1) of the POEO Act, establishing that where a defendant foresees the risk of pollution through its own risk assessment but fails to implement recommended precautionary measures for commercial reasons, this significantly aggravates the objective seriousness of the offence. Business must be arranged and precautions taken to ensure pollution will not occur, and the cost of precautions must be accepted as an ordinary cost of operating in an industry where pollution may occur. A combined single discount of up to 40% may be applied for early guilty plea, genuine contrition, cooperation with authorities, and prior good character.
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