R. v. Hemphill

R. v. Hemphill

Given local sentencing precedent for low‑level fisheries violations ($750–$1,000), the offender's guilty plea, lack of prior convictions but two prior warnings, and the need for proportional general and specific deterrence, a $1,000 fine payable within six months is appropriate; forfeiture and additional fines are not ordered and gear is to be returned as Crown abandoned forfeiture.

Citation
2018 NSPC 84
Parties
Crown: Her Majesty the Queen; Accused: Eric Scott Hemphill
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
7 March 2018
Procedural Posture
Summary Conviction Under the Fisheries Act / Sentencing
Outcome
Guilty plea accepted; fine of $1,000 imposed, payable within six months; no forfeiture or licence suspension ordered; seized gear to be returned.
Legal Topics
Sentencing, Fines, Forfeiture, Licence Suspension, Deterrence
Source Language
English
Fisheries Law Regulatory Offences Criminal Law Environmental Law Sentencing Fines Forfeiture Licence Suspension +1 more

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Parties

Her Majesty the Queen

Crown

Eric Scott Hemphill

Accused

Procedural Posture

Summary Conviction Under the Fisheries Act / Sentencing

Legal Issues

  1. 1 Appropriate quantum of fine for Fisheries Act s.78(a) offence
  2. 2 Whether gear or catch should be forfeited
  3. 3 Application of general and specific deterrence in fisheries sentencing

Ratio Decidendi

Given local sentencing precedent for low‑level fisheries violations ($750–$1,000), the offender's guilty plea, lack of prior convictions but two prior warnings, and the need for proportional general and specific deterrence, a $1,000 fine payable within six months is appropriate; forfeiture and additional fines are not ordered and gear is to be returned as Crown abandoned forfeiture.

Court Disposition

Guilty plea accepted; fine of $1,000 imposed, payable within six months; no forfeiture or licence suspension ordered; seized gear to be returned.

Orders

  • Fine of $1,000 imposed, payable within 6 months
  • Seized gear to be returned to Eric Scott Hemphill (Crown abandoned forfeiture)