Chief Executive of the Office of Environment and Heritage v Rinaldo (Nino) Lani

[2012] NSWLEC 115

NSW Land and Environment Court

Built by Barristers,
For Australian Law.

1. PROSECUTION:- damage to threatened species habitat - sentencing principles - conduct amounting to an additional offence not charged - relevance - De Simoni principle applied
1. SENTENCE: - separate and discrete offences - penalty - totality principle does not apply
1. COSTS:- environmental offences - extent of environmental harm - principal issue - extent of harm alleged by prosecutor not established - apportionment of costs