1998/169 - AG v Biard [1998] UR 169 (7 August 1998)

1998/169 - AG v Biard [1998] UR 169 (7 August 1998)

The accused, as owner of the vessel and fishing gear, is strictly liable for the offence of fishing within the exclusive three mile limit. Mitigating factors, including cooperation, guilty plea, lack of prior convictions, and financial hardship, justify a reduced fine and costs.

Citation
[1998] UR 169
Parties
Prosecutor: Attorney General; Accused: Daniel Maurice Alexandre Biard
Jurisdiction
Jersey
Judgment Date
07 August 1998
Procedural Posture
Criminal / Sentencing
Outcome
convicted and fined
Legal Topics
Strict Liability, Illegal Fishing, Territorial Waters, Sentencing, Mitigation
Criminal Law Fisheries Law Strict Liability Illegal Fishing Territorial Waters Sentencing Mitigation

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Parties

Attorney General

Prosecutor

Daniel Maurice Alexandre Biard

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the accused fished within Jersey's exclusive three mile limit contrary to Article 9(1) of the Sea Fisheries (Jersey) Law 1994
  2. 2 Appropriate sentence considering mitigation and financial circumstances

Ratio Decidendi

The accused, as owner of the vessel and fishing gear, is strictly liable for the offence of fishing within the exclusive three mile limit. Mitigating factors, including cooperation, guilty plea, lack of prior convictions, and financial hardship, justify a reduced fine and costs.

Court Disposition

convicted and fined

Orders

  • £1,000 fine with £250 costs or 1 month imprisonment in default of payment
  • 12 months to pay