The totality principle applies to reduce aggregate penalties for multiple environmental offences arising from the same factual substratum and sharing common conduct, but does not apply across discrete incidents occurring on different dates involving different plant failures and different pollutants, even where all incidents occurred at the same licensed premises. The De Simoni principle precludes sentencing on the basis of negligence for strict liability environmental offences where negligence would attract a higher maximum penalty under s 116(1) of the POEOA. A 30% discount for mitigating factors (early guilty plea, remorse, cooperation, good character) is within the appropriate range for environmental offences of moderate to high objective seriousness.
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