Research Monograph 40 – Transparent and consistent sentencing in the Land and Environment Court of NSW: orders for costs as an aspect of punishment

Paperback, Vol 1 164 pp; Vol 2 16 pp, June 2017, ISBN 9780731356379
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This study makes extensive use of 15 years of sentencing data from the Judicial Commission’s Land and Environment Court sentencing database. It contains a comprehensive analysis of the offenders and offences dealt with by the court. A particular focus of the study is how orders for costs impact upon the sentencing process. The study suggests a revision of the concepts used for criminal liability for Tier 1 offences under the Protection of the Environment Operations Act 1997 (NSW), analyses charging practices and identifies areas where the sentencing process could be improved. Volume 2 of the study comprises comprehensive Cases Tables for pollute waters offences, waste offences and native vegetation offences.