ENVIRONMENTAL OFFENCES — failure to report spill incident that threatened material harm to the environment and failures to accurately report compliance against petroleum operations plan — defendant subsequently subject to corporate takeover and under new management — sentencing — objective circumstances of the offence — low level of environmental harm — risk of harm to the environment clearly foreseeable — practical measures could and should have been taken to prevent harm — defendant had control over causes that gave rise to the offences — subjective circumstances of case and mitigating factors — prior conviction for offence other than an environmental offence — defendant, as currently constituted, of good character — remorse demonstrated — plea of guilty entered at first available opportunity — defendant entitled to lesser penalty on basis that it provided assistance to prosecutor in relation to investigation of offence and conduct of the proceedings — purposes of sentencing — need for general deterrence but not specific deterrence — first prosecutions under the relevant statutory provision — consideration of need for consistency in sentencing — defendant convicted of offences as charged — fines imposed — defendant to pay prosecutor's costs and moiety orders made
Case Details
Citation[2014] NSWLEC 1
CourtNSWLEC
JurisdictionNew South Wales
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