Page 13 - Water Pollution Management - Environmetal Legislation - Your Responsibility

Environmental sentencing guidelines

Aim

• To address the need for improved guidance
• Remove inconsistencies in sentencing
• Allow for fines that reflect the level of seriousness of the incident and degree of culpability of the defendant

• To recover any monetary benefit that the defendant may have gained by committing the offence

Court Consideration

• Culpability
• Harm Factors
• Financial Standing of the defendant

General rules to setting the level of a fine

• The more culpable the action the bigger the fine
• The greater the harm to the environment the bigger the fine
• The bigger the company the bigger the fine

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