ENVIRONMENTAL OFFENCES — pollution of waters — sentencing — objective circumstances of offence — low level of environmental harm — risk of harm to environment clearly foreseeable and practical measures could and should have been taken to prevent harm — defendant had control over causes that gave rise to offence — subjective circumstances of case and mitigating factors — no prior convictions — defendant of good character — unlikely to re-offend — remorse demonstrated — plea of guilty entered at the first reasonable opportunity — defendant provided assistance to prosecutor in relation to investigation of offence and conduct of proceedings — purposes of sentencing — general deterrence — no particular need for specific deterrence — relevance of retribution and denunciation — need for consistency in sentencing and determining the appropriate penalty — defendant convicted as charged — penalty imposed — defendant to provide funding for effluent reuse scheme — publication order made — defendant to pay prosecutor's costs
Case Details
Citation[2013] NSWLEC 158
CourtNSWLEC
JurisdictionNew South Wales
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