Sentencing Guidelines - Environmental Offences
Offences of depositing, keep and treating controlled waste under Article 4 Waste and Contaminated Land (NI) Order 1997 – aggravating factors correctly identified – starting point should first be identified by sentencers – 12 month determinate custodial sentence (6 & 6) substituted for the earlier 18 month sentence.
This is not a judgment but a summary of the judgment highlighting the sentencing guidance aspect of it. A link to the judgment is provided within the document. Application for leave to appeal against Confiscation Orders and imprisonment - controlled waste kept in manner likely to cause pollution of environment or harm to human health and in or on land otherwise than under or in accordance with a Waste Management Licence - landfill tax - McKenna imprisonment appeal allowed and three years substituted for five - appeals by Allinghams and McKenna against confiscation orders in respect of benefit and evasion of tax dismissed - prosecution appeal allowed and confiscation order varied upward.