||All England Reporter
|| All ER (D) 192 (Dec)
|| EWCA Crim 2683
||Court of Appeal, Criminal Division
Sir Thomas CJ, Openshaw and Lang JJ
||Richard Matthews QC and Jonas Milner (instructed by Elliot Mather LLP) for the defendant.
||Rex Tedd QC and Bernard Thorogood (instructed by Browne Jacobson) for Natural England.
||18 December 2014
Environment - Protection - Site of special scientific interest - Prosecution - Defendant being convicted of offences following damage to Site of Special Scientific Interest (SSSI) - Defendant being fined £450,000 plus costs - Whether judge applying wrong legal test - Whether fine being disproportionate - , .
Environment Protection. The Court of Appeal, Criminal Division, dismissed appeals by a wealthy businessman against his conviction for offences under the and against his sentence, namely a fine of 450,000 plus costs. The court held, among other things, that as the defendant had maintained his plea of guilty in the circumstances that he had, he had accepted in clear and unequivocal terms that he had caused the operations that resulted the damage.
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