Executive summary
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9 |
1. Introduction
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19 |
1.3 Costs as a sentencing factor
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34 |
1.3.1 Original mandatory requirement to specify costs
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34 |
1.3.2 Removal of requirement to specify costs
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34 |
1.3.3 The current law on costs
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35 |
1.3.4 The LEC's application of costs principles
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36 |
1.3.5 Costs and the correct forum
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39 |
1.4 Costs and means to pay
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42 |
1.4.1 Costs and the proportionality principle
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44 |
1.5 Penalties
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45 |
1.6 Environmental offences
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48 |
1.6.1 Crimes against environmental protection laws
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48 |
1.6.1.1 Defining environmental harm
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49 |
1.6.2 Crimes against environmental planning laws
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52 |
1.6.2.1 Harm in the context of economically sustainable development
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52 |
3. Discussion
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157 |
3.1 A necessary departure from a conventional sentencing analysis
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157 |
3.2 Key findings on costs
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160 |
3.3 Criminal liability
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161 |
3.4 Charging practices
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162 |
3.5 The application of sentencing principles
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165 |
3.6 Culpability and the De Simoni principle
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165 |
3.7 Jurisdictional ceiling of the Local Court
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167 |
3.8 Penalties
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167 |
3.9 Factoring the type of individual offender into the analysis of sentencing
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168 |
3.10 Resolving costs as a sentencing factor
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170 |
Appendices
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172 |
Appendix A
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172 |
Appendix B
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173 |
Appendix C
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175 |
Appendix D
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178 |
Selected bibliography
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180 |
Tables
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7 |
Table 1: Fines imosed for environmental planning and protection offences in the LEC: Corporations and Individuals – 200 to 2015 (principal offence only)
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44 |
Table 2: Tier 1 offences under the POEO Act in the LEC – 2000 to 2015 (principal offence only)
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66 |
Table 3: "Top 10" environmental planning and pollution offences convicted in the LEC – 2000 to 2015 (principal offence only)
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68 |
Table 4: Environmental planning and protection offences in the LEC by Class of Offender – 2000 to 2015 (principal offence only)
|
74 |
Table 5: Penalties imposed for environmental planning and protection offences in the LEC by Class of Offender – 2000 to 2015 (principal offence only)
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75 |
Table 6: Fines imposed for environmental planning and protection offences in the LEC by Class of Offender – 2000 to 2015 (principal offence only)
|
76 |
Table 7: Fines greater the $110,000 imposed by the LEC for environmental offences – 2000 to 2015 (principal offence only)
|
80 |
Table 8: Proportion of fines greater than the Local Court jurisdictional limit ordered by the LEC for environmental offences (principal offence only) by jurisdictional limit of Local Court: pre- and post-Harris
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83 |
Table 9: Value of Additional Orders imposed for environmental planning and protection offences in the LEC – 2000 to 2015 (principal offence only)
|
87 |
Table 10: Environmental protection offences in the LEC: objective and subjective factors by Class of Offender – 2000 to 2015 (principal offence only)
|
90 |
Table 11: Environmental planning offences in the LEC: objective and subjective factors by Class of Offender – 2000 to 2015 (principal offence only)
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104 |
Table 12: NSW pollute waters legislation: present and past statutory offences and associated maximum penalties – Tier 2 offences
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111 |
Table 13: NSW waste offences legislation: present and past statutory offences and associated maximum penalties – Tier 2 offences
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128 |
Table 14a: Monetary payments imposed by the LEC by offence type – single offence, fined, prosecutor's costs specified (current offences and sentencing regimes)
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155 |
Table 14b: Monetary payments imposed by the LEC for waste offences – two or more offences or counts, fined, prosecutor's costs specified (current offences and sentencing regimes)
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156 |
Figures
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7 |
Figure 1: Level of environmental harm for environmental planning and protection offences in the LEC – 2000 to 2015 (principal offence only)
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58 |
Figure 2: Objective seriousness of environmental planning and protection offences in the LEC – 2000 to 2015 (principal offence only)
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59 |
Figure 3: Distribution of penalty types for environmental planning and protection offences in the LEC – 2000 to 2015 (principal offence only)
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61 |
Figure 4: Level of environmental harm for environmental planning and protection offences in the LEC – 2000 to 2015 (principal offence only; "Top 10" offence categories)
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71 |
Figure 6: Distribution of fine amounts for environmental planning and protection offences in the LEC by Class of Offender – 2000 to 2015 (principal offence only)
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76 |
Figure 7: Percentage distribution of fine amounts for environmental planning and protection offences in the LEC by Class of Offender – 2000 to 2015 (principal offence only)
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78 |
Figure 8: Percentage of fines ordered in the LEC that was less than the jurisdictional limit of the Local Court at the time of sentencing – by sentencing regime – 2000 to 2015 (principal offence only)
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84 |
Figure 9: Change in fine amounts and quantum of costs orders for pollute waters offences by sentencing regime – single offence, fined, costs specified – 2000 to 2015
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118 |
Figure 10: Change in quantum of Additional Orders and costs orders for pollute waters offences by sentencing regime – single offence, Additional Order in lieu of fine, costs specified – 2000 to 2015
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120 |
Figure 11: Environmental planning offences in the LEC – average fines, prosecutor's costs by offence type – single offence, fined, prosecutor's costs known – 2000 to 2015
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139 |
Abbreviations
|
8 |