The De Simoni principle applies in the context of the POEO Act to preclude sentencing for a strict liability offence under s 120(1) on the basis that the offender's conduct was negligent, where such negligent conduct could constitute the more serious offence under s 116(1) carrying double the maximum penalty. A principal/occupier who engages a contractor to carry out works with pollution potential cannot rely on the contractor's expertise as an excuse for failing to exercise contractual supervisory powers, particularly where the principal has declared pollution to be a 'major concern' and has the contractual power to require method statements, risk assessments and to direct the cessation of works.
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