R v. Fudge

In Fish Cases, Forfeiture, Offences on (Updated )

This case involved a fish harvester who plead guilty to catching undersize whelk. After a general review of the principals of sentencing for fisheries matters, the court dealt with the issue of forfeiture of the catch. In doing so it said "[T]he amount of the fine must be set in conjunction with the issue of forfeiture. The fact there has been a mandatory forfeiture of a significant quantity of fish, is a factor which leads courts to significantly reduce the amount of a fine imposed under s. 78: See R. v. Cox, cited above. This requires that the forfeiture issue be considered before determining the amount of the fine" (para. 42). The court then applied this principal by reducing the fine it would have imposed because it forfeited the proceeds of sale of the seized whelk in the amount of $12,180.48.

The court also enunciated the principal that "a fine must be significant enough to be more than the cost of doing business".