This is the first sentencing authority for s 128(2) of the POEO Act (failure to use practicable means to prevent or minimise air pollution where no emission standard prescribed). A daily penalty for a continuing offence should not be imposed where the evidence does not establish beyond reasonable doubt the specific days of contravention; the continuing nature of the offence should instead be treated as a factor augmenting objective seriousness. Disregard for public safety under s 21A(2)(i) CSPA is not an inherent characteristic of a s 128(2) offence and may be relied upon as an aggravating factor without double counting, but requires evidence going beyond the objective element of the offence. A 15% discount for cooperation with authorities may be appropriate even in the absence of a guilty plea.
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