ROBERT BROWN
14 AUGUST 2024
COMMENTS ON PASSING SENTENCE - HARTNETT M
You are for sentence for one count of trespass. You pleaded not guilty. The complaint was found proven following a hearing. Absent is the mitigating weight of a plea of guilty.
The facts for which you will be sentenced will follow my reasons for finding the complaint proven.
On 8 November 2022 you were located within a logging coupe SHO45A, an area off McKays Road and near Lake Leake in the Eastern Tiers. Sustainable Timbers Tasmania were carrying out logging activities in the area. You believed you were within an informal reserve next to the logging coup and illegal harvesting was occurring. You were in fact in the logging coupe.
A Sustainable Timber Tasmania employee with authority to act as the agent of the owner of the land approached you and requested you leave. You remained on the land after consent had been withdrawn. You will be sentenced on the basis that whilst you held a genuine but mistaken belief as to being on an informal reserve, it was not an objectively reasonable one. You will be sentenced on the basis that you were motivated by long-standing views held by you as to the environment, this is relevant in assessing your culpability. There is a legitimate and democratic right to protest but it is not unfettered and does create the right to infringe the law. It is the duty of responsible citizens to obey the law and respect the rights of others, even where the law or the other persons lawful activities is contrary to their own views.
You have one previous court disposition, but it was a very long time ago.
You are 79 years of age. You are a former Parliamentarian, both in the Senate and State. You were the founder, now president, and former patron of a foundation in your own name and lifelong environmentalist.
Your counsel submits I should exercise my discretion and not record a conviction. In exercising the discretion whether or not to record a conviction, a court must have regard to all the circumstances of the case including –
(a) the nature and circumstances of the offence; and
(b) the offender's antecedents and character; and
(c) the impact that a conviction would have on the offender's economic or social wellbeing or employment prospects.
Your counsel’s submission focussed on section 9 (a) of Sentencing Act 1997, the nature and circumstances of the offence. Your offence was not a serious example of an offence of this nature. It occurred over a short period. Section 9(b) of the Sentencing Act 1997 is also relevant, you have no prior convictions for this offence and only one previous court disposition for obstruct police over 27 years ago. You are otherwise of good character.
I am persuaded it is appropriate to exercise my discretion and not to record a conviction.
Taking into account all circumstances I make the following orders:
- Without recording a conviction, I order you pay a fine of $500.
- Pay court costs.