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Antarctic Environmental Protection Act

Version of section 63 from 2003-12-01 to 2010-12-09:

Marginal note:Sentencing considerations

 In addition to the principles set out in sections 718 to 718.2 of the Criminal Code and any other principles it is required to consider, a court that imposes a sentence must take the following factors into account:

  • (a) the unique characteristics and global importance of the Antarctic environment and dependent and associated ecosystems;

  • (b) the harm or risk of harm caused by the commission of the offence;

  • (c) an estimate of the total costs to remedy or reduce any damages caused by the commission of the offence;

  • (d) whether any remedial or preventive action has been taken or proposed by or on behalf of the offender;

  • (e) whether any reporting requirements under this Act or the regulations were complied with by the offender;

  • (f) whether the offender was found to have committed the offence intentionally, recklessly or inadvertently;

  • (g) whether the offender was found by the court to have been negligent or to have shown a lack of concern with respect to the commission of the offence;

  • (h) any property, benefit or advantage received or receivable by the offender to which, but for the commission of the offence, the offender would not have been entitled;

  • (i) any evidence from which the court may reasonably conclude that the offender has a history of non-compliance with legislation designed to prevent or minimize harm to the environment; and

  • (j) all available sanctions that are reasonable in the circumstances.

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