This case involved charges against a ground fish cod fisherman for continuing to direct for skate or monkfish after landing catches in excess of his by-catch allowance.
The issue was whether or not he had a defence of reasonable and honest mistake of fact.
The evidence was that although the accused had been fishing for 10 years, this was the first trip that he had directed for monkfish and skate. As a result, he was confused about how to apply the conversion factor of 2.7 for skate wings. When the accused realized he had a problem he contacted the Department of Fisheries and asked for their assistance. Based upon this evidence, the court acquitted.
Editor’s note: See also two other companion judgement released the same day: R. v. Wayne Meade,  N.J. No. 65 and R. v. Strowbridge  N.J. No. 66.