PENALTIES - no proper basis to apply s 10 of Crimes (Sentencing Procedure) Act 1999 - defendant to be convicted - need to provide for both specific and general deterrence - instinctive synthesis of objective facts of offending conduct and defendant’s subjective factors - indicative starting sentence of $60,000 fine for offence - 25% discount for early guilty plea - appropriate penalty fine of $45,000
REMEDIAL ORDERS - agreement between prosecutor and defendant for orders for period of years to monitor surviving trees and address any arboricultural problems - orders made by consent
COSTS - defendant ordered to pay prosecutor’s costs and investigation costs and expenses in agreed sum of $30,000
Case Details
Citation[2018] NSWLEC 84
CourtNSWLEC
JurisdictionNew South Wales
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