In sentencing for strict liability environmental offences, the penalty must reflect the individual culpability of the offender, particularly where the offender was an employee carrying out explicit employer instructions without knowledge of unlawfulness. A fine that would force the sale of an offender's home may be grossly excessive where the offender's liability arises from strict liability in subjectively innocent circumstances. Separate penalties must be fixed for each charge, and assessment by reference to a proportion of the maximum penalty is erroneous absent rare circumstances.
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