Hawkesbury City Council v Johnson; Hawkesbury City Council v Johnson Property Group Pty Limited (No 2)

[2009] NSWLEC 6

NSW Land and Environment Court

Built by Barristers,
For Australian Law.

1. Prosecution :- sentence - defendants convicted of tree clearing in contravention of s 125(1) Environmental Planning and Assessment Act 1979 - objective circumstances of offence - whether there was a belief in mistake of law and whether a mitigating circumstance - whether defendants engaged in subterfuge to hide offence - whether aggravating factors
1. Prosecution :- sentence - subjective factors - whether sufficient evidence of remorse from individual defendant where no direct evidence - whether evidence of remorse by corporate defendant