Sentencing — obtaining a benefit by knowingly selling or otherwise dealing with rock lobster — failing to keep or provide any record, return or information — making a false or misleading statement in a return — processing rock lobster — taking or landing not recorded or reported — Operation River — R v Zhang CA 153-04, 13 July 2004 — Tapsell v R [2014] NZCA 122 — Paenga v Ministry of Fisheries HC CRI-2009-485-000150, 4 March 2010 — Dewes v Ministry of Agriculture and Fisheries HC Gisborne, AP 20/02, 7 October 2002 — Fisheries Act 1996, ss 230(1)(a), 230(1)(b), 232(2), 233(1) & 254 — Crimes Act 1961, s 66. The defendants appeared for sentence on a variety of fisheries-related charges, including illegal selling of lobster, failing to keep proper records, making false statements in returns, and processing lobsters which had not been recorded or reported as being caught. They were commercial fishermen who had been caught as the result of Operation River, a Ministry of Primary Industries operation that had targeted the black market for lobsters on the East Coast and Hawkes Bay. For the first defendant, the aggravating features were the quantity of lobsters taken (305, weighing 181.66kg); planning and premeditation; the nine month period of offending; and the profit received from the offending (between $11,034.10 and $14,185.20). The start point was two years' imprisonment. Mitigating features were remorse, guilty plea and cooperation. The end point for sentence was 16 months, which the Court converted to eight months' home detention. The Court also ordered that a car be forfeited. As regards the second defendant, aggravating factors included the quantity of lobsters taken (373, weighing 218.99 kg). Other factors were the planning and premeditation (he was the primary offender), the nine month period of offending and the profit received from the offending (between $13,682.20 and $17,590.20). The Court set a start point of two years six months. Mitigating features were remorse, guilty plea and cooperation. The end point for sentence was 20 months, which the Court converted to 10 months' home detention. The Court also ordered that a ute and a cellphone be forfeited. Judgment Date: 13 August 2018.