Nigel Richard Lloyd v Dean Richard Snooks

(1997) 7 Tas R 18; [1997] TASSC 67

Supreme Court of Tasmania

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Interrogate

Catchwords

1. Criminal Law
2. › Ancillary liability
3. › Complicity
4. › Aiding and abetting
5. › Strict liability offence
6. › Whether aider and abettor must have mens rea
7. › Knowledge of all essential facts constituting the offence
8. › Sea Fisheries Regulations 1962 (Tas), regs 31A(2), 44(1)(o)
1. Criminal Law
2. › Ancillary liability
3. › Complicity
4. › Aiding and abetting
5. › Sufficiency of evidence
6. › Whether evidence supported finding that aider and abettor knew undersize abalone being taken
7. › Whether evidence supported finding that aider and abettor knew more than ten abalone being taken
1. Primary Industry
2. › Fisheries
3. › Offences
4. › Taking undersize abalone from the wild
5. › Extended meaning of 'take' includes 'raise'
6. › Whether abalone already removed from rocks and placed in bags could be 'taken from the wild' by raising bags to surface
7. › Sea Fisheries Regulations 1962 (Tas), reg 31A(2)
8. › Fisheries Act 1959 (Tas), s 3(1)
1. Primary Industry
2. › Fisheries
3. › Offences
4. › Taking more than ten abalone
5. › Aiding and abetting
6. › Penalty
7. › Special penalty of fixed amount per fish
8. › Whether Fisheries Act 1959 (Tas), s 9(1AAB) excluded Probation of Offenders Act 1973 (Tas), s 7(1)
9. › Whether fixed penalty per fish invalid for incompatibility with Constitution, Ch III
10. › Sea Fisheries Regulations 1962 (Tas), reg 44(1)(o), reg 44(5A)

Quick Take

An aider and abettor of a strict liability fisheries offence must have knowledge of all essential facts constituting the offence — for taking undersize abalone, knowledge that the abalone are undersize; for taking more than ten, knowledge that more than ten are being taken. Abalone already removed from rocks and placed in bags have been taken 'from the wild' and cannot be taken 'from the wild' again by a subsequent act of raising them to the surface. Mandatory fixed penalties per fish in fisheries regulations are not constitutionally invalid under Ch III of the Constitution.