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R v Thornhill

País/Territorio
Canadá
Tipo de la corte
Nacional - corte inferior
Fecha
Ene 25, 2010
Fuente
UNEP, InforMEA
Nombre del tribunal
The Provincial Court of Newfoundland and Labrador
Número de referencia
0809A-00155
Idioma
Inglés
Materia
Especies silvestres y ecosistemas
Resumen
The accused was charged with two breaches of the Fisheries Act, namely, possession of several undersized lobster, and possession of a v-notched lobster (see Commentary and Significant Features). The accused and two other men, sailed into harbor after a day of fishing for lobster. They stopped to offload lobster pots at the pier, which were inspected and found to pass muster: none were v-notched, nor spawning, nor undersized. At the dock, one of the three men carried a bundle of oil skins out of the boat to a green pickup truck. The bundle of oil skins was opened by Fisheries Officer Osepchook, and it contained approximately ten pounds of lobster. Some were under the legal size, and one was a v-notched lobster. There was no doubt about the lobster being illegal, however the real question was, who was in possession of the lobster. This case turns on the validity of eyewitness identification. While a different Fisheries Officer Walsh swore he saw the accused put the bundle of oilskins in the back of the truck, the accused and one of the other - second - man swore that it had been the third man who accompanied them. He was charges separately and convicted, and did not testify at this trial. The Crown must now prove the accused committed the actus reus of the offence, which it has failed to do, and so, the accused was acquitted. (Provided by: UNODC SHERLOC)
Texto completo
Canada-6.pdf
Página web
www.unodc.org