This is the first sentencing case under the 2010 amendments to s 86(2) of the NPWA, which increased maximum penalties tenfold. The Court held that the increase reflects the legislature's intention that sentencing patterns for harm to Aboriginal objects should move sharply upward. Negligent harm to an Aboriginal rock engraving resulting in destruction of 40-60% of the object, where practical measures were available to prevent the harm, was assessed as low to moderate objective gravity. A s 10 order (no conviction) was refused notwithstanding the negligent rather than deliberate nature of the offence, because the offence was not trivial and there were no extenuating circumstances.
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