Webb v Chung & Ors

[2002] NSWLEC 135

Land and Environment Court

of New South Wales

CITATION:

Webb v Chung & Ors [2002] NSWLEC 135

PARTIES:

PROSECUTOR
Gary Alan Webb

DEFENDANTS
Won-Hwa Chung
Ki-Bong Seong
Vella Shipping S.A. Panama

FILE NUMBER(S):

50132 of 2001; 50133 of 2001; 50134 of 2002

CORAM:

Cowdroy J

KEY ISSUES:

Prosecution :- marine pollution - charges against Owner
Master and Chief Engineer - s 10 Crimes (Sentencing Procedure) Act consideration.

LEGISLATION CITED:

Marine Pollution Act 1987, s 8(1)
Crimes (Sentencing Procedure) Act 1999, s 10

CASES CITED:

Cameron v R [2002] HCA 6; (2002) 187 ALR 65;
Camilleri's Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683; 82 LGERA 21;
Federal Steam Navigation Co v Department of Trade and Industry [1974] 1 WLR 505; [1974] 2 All ER 97;
Filipowski v Fratelli D'Amato S.r.1 and Others (2000) 108 LGERA 88;
Filipowski v Tanner [2002] NSWLEC 95;
R v Thomson; R v Houlton (2000) 49 NSWLR 383;
Thorneloe v Filipowski (2001) 52 NSWLR 60;
Valle v Morrison (60432: unreported CCA judgment 22 November 1995);
Veen v The Queen (1987-1988) 164 CLR 465

DATES OF HEARING:

30/7/2002

DATE OF JUDGMENT:

08/22/2002

LEGAL REPRESENTATIVES:

PROSECUTOR
Mr A Hill (Barrister)

SOLICITORS
Abbott Tout

DEFENDANTS
Mr G Nell (Barrister) with Ms F Rogers (Barrister)

SOLICITORS
Norton White

JUDGMENT:

IN THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES MATTER No. 50132-34 of 2001
CORAM: Cowdroy J
DECISION DATE: 22/08/02

Gary Alan Webb

v

Won-Hwa Chung

Ki-Bong Seong

Vella Shipping S.A. Panama

JUDGMENT

1. In each of the above prosecutions the defendants are charged with having committed an offence against s 8(1) of the Marine Pollution Act 1987 (“the offence”). Such section relevantly provides:-

8.(1) Subject to subsections (2) and (4), if any discharge of oil or of an oily mixture occurs from a ship into State waters, the master and the owner of the ship, and any other person whose act caused the discharge, are each guilty of an offence punishable, upon conviction, by a fine not exceeding –

…

2. In proceedings No. 50132 of 2001 the defendant Won-Hwa Chung (“the Master”) is charged that on 4 January 2001 he was the Master of the K. Pheonix (“the vessel” or “the K. Pheonix”) from a which a discharge of oil occurred in State waters being the waters of Newcastle Harbour.

3. In proceedings No. 50133 of 2001 the defendant Ki-Bong Seong (“the Chief Engineer”) is charged that at the time of the offence he was the Chief Engineer whose act caused the discharge of oil.

4. In proceedings No. 50134 of 2001 the defendant Vella Shipping S.A. Panama (“the owner”) is charged that it was the owner of the K. Pheonix when the offence was committed.

5. Each defendant has pleaded guilty to the charges and accordingly the Court is required to assess penalty in respect of each charge. By agreement the three proceedings are being heard together.

The Facts

6. The vessel is a Cape-size bulk…