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Department of Conservation v Basil [2018] NZDC 20219

Published 24 June 2019

Application for discharge — taking of sperm whale — Tupu v Police [2014] NZHC 743 — Rodrigo v Police [2014] NZCA 68 — Marine Mammals Protection Act 1978, ss 9(1) & 23(1)(a) — Sentencing Act 2002, s 106. The defendant pleaded guilty to a charge of taking a sperm whale carcass from its natural habitat without first obtaining a permit from the Minister of Conservation. He sought a discharge without conviction pursuant to s 106 of the Sentencing Act. The defendant had towed a dead whale away from the shore of a beach, having decided to do so to prevent the carcass from washing up on the popular tourist beach and attracting sharks. Although the defendant was a marine biologist he had been unaware of the requirement to contact the Department of Conservation before taking such an action. The defendant acknowledged that his action was wrong but claimed he had acted in the best interests of the community. He argued that a conviction would make him unemployable as a marine biologist. The Court considered that from a criminal perspective, the offending was not serious, and a conviction could hamper the defendant's career and travel aspirations. The Court agreed to discharge the defendant without conviction, and ordered him to make a $2000 donation to charity and pay $500 towards court costs. Judgment Date: 21 September 2018. * * * Note: names have been changed to comply with legal requirements. * * *