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[2016] NSWLEC 167
Land and Environment Court (NSW)
2016-12-15
Preston CJ, Mr J
Original judgment source is linked above.
WCCA 97 Saddler v The Queen (2009) 194 A Crim R 452; [2009] NSWCCA 83 Tiger Nominees Pty Ltd v The State Pollution and Control Commission (1992) 25 NSWLR 715 Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14 Category: Sentence Parties: Environment Protection Authority (Prosecutor) Complete Asbestos Removal Pty Ltd (Defendant in proceedings 2016/00149752) Peter Darcy Endacott (Defendant in proceedings 2016/00149803, 2016/00149832 and 2016/00149863) Representation: Counsel: Ms S Anderson (Solicitor) (Prosecutor) Mr J Johnson (Defendants)
Solicitors: Office of Environment and Heritage, Legal Services Division (Prosecutor) Hannaford Cox Connellan & McFarland (Defendants) File Number(s): 2016/00149752; 2016/00149803, 2016/00149832 and 2016/00149863 Publication restriction: No
Offences of knowingly supplying false or misleading information are committed
The defendants are charged and plead guilty to the offences
CAR is engaged to undertake asbestos removal and demolition
The supply of false bonded asbestos clearance certificates for numerous properties
The supply of the false asbestos removal clearance report and the bonded asbestos clearance certificate for the Harpley property
The supply of false weighbridge dockets
The furnishing of false information to the EPA
Objective seriousness of the offences
Nature of the offences
The maximum penalties for the offences
The harm or likely harm to the environment
Practical measures to prevent harm
The foreseeability of the risk of harm
Control over the causes of the offences
Whether or not the offences were isolated incidents
Whether offences committed without regard to public safety
Whether offences part of planned or organised criminal activity
Whether offences committed for financial gain
Conclusion on objective seriousness of the offences
Subjective circumstances of offenders
Early pleas of guilty
No prior convictions
Good character
Remorse for the offences
Unlikelihood of re-offending
Co-operation with regulatory authority
The appropriate sentences
Orders
DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 23 December 2016
[2005] HCA 25
[1988] HCA 70
[1998] HCA 57
(2014) 205 LGERA 39
(1993) 32 NSWLR 683
(2003) 124 LGERA 57
(2006) 153 LGERA 238
(2005) 228 CLR 357
(1988) 166 CLR 59
(1998) 194 CLR 610
(2009) 170 LGERA 253
(2000) 49 NSWLR 383
(1992) 25 NSWLR 715
(1988) 164 CLR 465