R v. Caines

In Fish Cases, Miscellaneous, Offences on (Updated )

This case involved a shrimp trawler who was charged with failing to maintain a distance of at least one-half nautical mile between his vessel, including any mobile gear attached thereto, and any previously set fishing gear. Based upon circumstantial type evidence, the court was prepared to find that the fisher had failed to keep his shrimp trawl at lease one half mile from any previously set gear (para 27-9). However, one of the elements of the offence that the Crown was required to prove was that the accused was using "mobile gear" as defined in the regulations. Since the accused was "not asked any questions which might indicate whether or not the gear he was using would fall within the definition of mobile gear found in the AFR [including an otter trawl or purse seine] and the Crown has not presented sufficient evidence to establish beyond a reasonable doubt that the gear Mr. Caines was using fits within that definition", the actus reus was not proved and the accused was acquitted.