Appeal to single judge against sentence by a magistrate
Fine for breach of planning scheme
Sentence manifestly excessive- Leave to appeal granted
Quick Take
1When assessing whether a fine for a planning offence under s 218(b) of the Planning and Development Act 2005 (WA) is manifestly excessive, the court must consider the maximum penalty, customary sentencing standards, the seriousness of the offence on the scale of offences of that kind, and the offender's circumstances — a mathematical pro-rata scaling of pre-2011 penalties to the current maximum is not the correct approach to the sentencing discretion.
2For planning offences, key sentencing factors include whether the breach was inadvertent or flagrant, whether it was reversible, its scale and impact, and the extent of commercial benefit; general and personal deterrence are the paramount sentencing objectives, and penalties must not be so low as to be treated as an acceptable operating expense.
3Comparable sentencing cases provide guidance but do not establish rigid ranges; a sentence may be manifestly excessive even where the offending involves aggravating features such as asbestos contamination, if the breach was not flagrant, the offender pleaded guilty at the earliest opportunity, had no prior offences, and undertook remediation.
