R. v. Henneberry

R. v. Henneberry

Defendant Marcel failed to prove on a balance of probabilities that he exercised all due diligence or held an honest and reasonable belief that his conduct was lawful; he knowingly hailed dressed weight contrary to clear licence requirements, exceeded his individual non-transferable quota, and did not apply...

Source-derived case information.

Citation
2001 NSPC 25
Parties
Prosecution: Regina (Crown); Defendant: Marcel Henneberry; Defendant: Wesley Henneberry
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
5 October 2001
Procedural Posture
Criminal Regulatory Offence (fisheries Act) / Trial Judgment (conviction)
Outcome
Convictions entered on the record for both defendants
Legal Topics
Due Diligence Defence, Strict Liability, Licence Conditions, Quota Overrun, Weight Measurement (round Vs Dressed)
Source Language
english
Criminal Law Administrative Law Fisheries Law Regulatory Offences Due Diligence Defence Strict Liability Licence Conditions Quota Overrun +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina (Crown)

Prosecution

Marcel Henneberry

Defendant

Wesley Henneberry

Defendant

Procedural Posture

Criminal Regulatory Offence (fisheries Act) / Trial Judgment (conviction)

Legal Issues

  1. 1 Whether defendants can successfully raise the defence of due diligence
  2. 2 Whether an honest but mistaken belief would render defendants' conduct innocent
  3. 3 Whether the licence holder is liable for offences committed under the licence by an operator

Ratio Decidendi

Defendant Marcel failed to prove on a balance of probabilities that he exercised all due diligence or held an honest and reasonable belief that his conduct was lawful; he knowingly hailed dressed weight contrary to clear licence requirements, exceeded his individual non-transferable quota, and did not apply conversion factors or verify limits; as licence holder, Wesley is vicariously liable for operations under his licence; convictions entered for both defendants.

Court Disposition

Convictions entered on the record for both defendants

Orders

  • Conviction entered against Marcel Henneberry for offences contrary to the Fisheries Act.
  • Conviction entered against Wesley Henneberry as licence holder for offences committed under the licence.