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R v Thornhill

Pays/Territoire
Canada
Type de cour
Nationale- cour inférieure
Date
Jan 25, 2010
Source
UNEP, InforMEA
Nom du tribunal
The Provincial Court of Newfoundland and Labrador
Numéro de référence
0809A-00155
Langue
Anglais
Sujet
Espèces sauvages et écosystèmes
Résumé
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)
Texte intégral
Canada-6.pdf
Site web
www.unodc.org