Director-General, Department of Primary Industries v Schembri [2009] NSWSC 1006

New South Wales Supreme Court

CITATION : Director-General, Department of Primary Industries v Schembri [2009] NSWSC 1006

HEARING DATE(S) : 18 March 2009, 15 April 2009

JUDGMENT DATE : 29 September 2009

JURISDICTION : Common Law

JUDGMENT OF : Rothman J

For the contravention of s 16(1) of the Fisheries Management Act 1994, sentenced to a fine of $2,500. For the offence of contravention of s 18(2) of the Fisheries Management Act 1994, sentenced to a fine of $2,500. AND DECISION : (i) Pursuant to s 122 of the Fines Act 1996, one-half of the amount of the aforesaid fines ($5,000), being an amount of $2,500, be paid to the Director-General, Department of Primary Industries. (ii) To the extent necessary, the boat (Registration Number DR466N), including the sounder, and trailer (Registration Number S87267), seized by officers of the Department of Primary Industries from Mr Schembri, being property of Mr Schembri, be returned to Mr Schembri within 28 days from the date of this judgment. (iii) The Defendant shall pay the Plaintiff's costs of and incidental to these proceedings, as agreed or assessed.

CATCHWORDS : CRIMINAL LAW – sentencing – summary jurisdiction – Fisheries Management Act 1994 – no issue of principle – fines imposed - CRIMINAL LAW – confiscation of assets – no issue of principle – no order made – hardship, first offence, ordinary usage of goods

Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED : Fines Act 1996 Fisheries Management Act 1994 Fisheries Management (General) Regulation 2002

CATEGORY : Sentence

CASES CITED : R v Bolger (1989) 16 NSWLR 115 Re Coldham; Ex parte Brideson [1989] HCA 2; (1989) 166 CLR 338