ACE Demolition & Excavation Pty Ltd v Environment Protection Authority

(2024) 260 LGERA 358; [2024] NSWCCA 4

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against sentence
3. › Environmental offences
4. › Transmission of false or misleading information about waste
5. › Whether fines manifestly excessive
6. › Whether errors in assessment of harm and likelihood of reoffending
7. › Protection of the Environment Operations Act 1997 (NSW), s 144AA
1. Criminal Law
2. › Sentencing
3. › Mitigating factors
4. › Likelihood of reoffending
5. › Whether primary judge applied unduly onerous test by requiring certainty rather than assessing likelihood
6. › Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A(3)(g)
1. Criminal Law
2. › Sentencing
3. › Environmental offences
4. › Harm
5. › Whether harm to regulatory system constitutes harm under s 241(1) of the Protection of the Environment Operations Act 1997 (NSW)
6. › Whether harm to regulatory system relevant to s 21A(3)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW)
1. Criminal Law
2. › Sentencing
3. › Totality
4. › Multiple offences arising from single course of conduct
5. › Whether single course of conduct dictates concurrent sentences or caps aggregate fine at maximum for single offence
6. › Application of totality principle to fines

Quick Take

Harm to the regulatory system is not 'harm' for the purposes of s 241(1) of the POEO Act or s 21A(3)(a) of the Crimes (Sentencing Procedure) Act, but falls within s 241(2) as 'other matters'; and participation in an agreed statement of facts does not ordinarily constitute assistance to law enforcement authorities under s 21A(3)(m).