This case involved a charge of possession of undersize lobsters. After the lobsters were seized, they were put in a bucket and carried by a fisheries officer to his truck. He then put the lobsters in a bag and marked it with a black marker. The bag was put into a freezer where it was stored until the evening before the trial. At trial, the Accused claimed that he measured the lobsters on the day they were seized and they were all legal according to his measurement. At trial, the lobsters were measured and found to be undersize. The trial judge found that the Crown had established continuity beyond a reasonable doubt.
The trial judge also rejected a due diligence defence based upon 8 undersize lobsters out of "a small catch of less than 150 pounds."
Counsel for the Crown: James P. DiPersio
Counsel for the Accused: Russell W. Cushing