R v. Weaver

In Fish Cases, Forfeiture, Offences on (Updated )

This case involved two divers who were caught poaching 16 lobsters, three of which were short and one of which was a female with eggs. Upon entering guilty pleas, the sentencing judge imposed fines of $1,500 each plus forfeiture of a boat worth $5,000 and other gear worth $4,000 to $5,000.

Upon appeal, the court applied R. v. Gould [1998] N.J. No. 318 to set aside the forfeiture order on the grounds that it was “out of line with others involving similar offences” (para. 41).