Where a defendant has failed to implement erosion and sediment control measures identified in its own approved plan before commencing earthworks, and unexceptional rainfall causes sediment-laden water to discharge into waterways, the offence will be assessed as mid-range objective gravity even where actual environmental harm is towards the lower end. A conviction recorded against a related corporation cannot be taken into account in sentencing without proof beyond reasonable doubt that the defendant was working under the control of the convicted company. Four discrete discharge events forming the basis of a single charge do not constitute 'a series of criminal acts' under s 21A(2)(m) of the Crimes (Sentencing Procedure) Act 1999.
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