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Criminal law [2025] SHSC 10

Thorpe v The Attorney General

Thorpe v The Attorney General [2025] SHSC 10 (28 May 2025)

The Supreme Court found that koi carp are included as 'domestic animals' under section 11(2) of the Animal Trespass Ordinance 1982, resolving ambiguity in favour of the accused. The police interviews did not breach constitutional rights as the appellant was sufficiently informed and had access to legal representation. The appellant's belief in the need to protect his fish was honestly held, and the means adopted were not unreasonable given the statutory defence. The convictions are unsafe and must be quashed.

  • Criminal damage
  • Firearms licensing
  • Animal trespass
  • Police interview procedure
  • Statutory definitions
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