NSW Department of Industry (for Fisheries NSW) v Connolly [2022] NSWLC 8

NSW Department of Industry (for Fisheries NSW) v Connolly [2022] NSWLC 8

The offences were proven because the defendant used a hauling net, took and possessed silver trevally, sold fish, and harmed fish in a sanctuary zone without the required endorsements, shareholding, permit or ministerial consent. The defendant did not establish that the taking of large quantities of silver trevally for sale was an exercise of a native title right or was for personal, domestic or non-commercial communal needs under section 211 of the Native Title Act 1993 (Cth). His asserted belief that his commercial licence or native title permitted the conduct was not an honest and reasonable mistake of fact.

Jurisdiction
Australia
Judgment Date
04 February 2022
Procedural Posture
Criminal Fisheries Prosecution / Hearing on Pleas of Not Guilty; Principal Judgment and Verdict
Outcome
Offences proven
Legal Topics
['use of Hauling Net Without Endorsement' 'possession of Fish Illegally Taken' 'taking Fish for Sale Without Appropriate Authorisation' 'harming Fish in a Marine Park Sanctuary Zone' 'native Title Defence Under Section 211 of the Native Title Act 1993 (cth)' 'honest and Reasonable Mistake of Fact']
['criminal Law' 'fisheries Law' 'native Title' 'marine Estate Management'] ['use of Hauling Net Without Endorsement' 'possession of Fish Illegally Taken' 'taking Fish for Sale Without Appropriate Authorisation' 'harming Fish in a Marine Park Sanctuary Zone' 'native Title Defence Under Section 211 of the Native Title Act 1993 (cth)' 'honest and Reasonable Mistake of Fact']

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Procedural Posture

Criminal Fisheries Prosecution / Hearing on Pleas of Not Guilty; Principal Judgment and Verdict

Legal Issues

  1. 1 ['Whether the defendant was lawfully conducting ocean hauling operations by use of an ocean hauling net pursuant to his commercial licence for sequences 1, 5, 6 and 7.' 'Whether the defendant was in possession of fish illegally taken for sequences 3 and 12.' 'Whether the defendant held a duly endorsed commercial fishing licence for sequence 4.' 'Whether the defendant took fish while in a sanctuary zone of a marine park for sequences 9, 10 and 11.' 'Whether the defendant was conducting fishing operations under Native Title.' 'Whether the defence of honest and reasonable mistake of fact arose.']

Ratio Decidendi

The offences were proven because the defendant used a hauling net, took and possessed silver trevally, sold fish, and harmed fish in a sanctuary zone without the required endorsements, shareholding, permit or ministerial consent. The defendant did not establish that the taking of large quantities of silver trevally for sale was an exercise of a native title right or was for personal, domestic or non-commercial communal needs under section 211 of the Native Title Act 1993 (Cth). His asserted belief that his commercial licence or native title permitted the conduct was not an honest and reasonable mistake of fact.

Court Disposition

Offences proven

Orders

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