Published 05 September 2019
Sentencing — application for discharge without conviction — possession of over 50 toheroa — Z (CA 447/12) v R [2012] NZCA 599 — Iosefa v Police HC Christchurch CIV-2005-409-64, 21 April 2005 — Alshamsi v Police HC Auckland CRI-2007-404-62, 15 June 2007 — Fisheries (Amateur Fishing) Regulations 2013, rr 23 & 24 — Sentencing Act 2002, ss 106 & 107. The defendant appeared for sentence after pleading guilty to possessing 96 toheroa, a species that has been prohibited for taking since 1981. He sought a discharge under s 106 of the Sentencing Act, on the grounds that he had mistaken the toheroa for tuatua; and that a conviction would impact his ability to hold and retain his pilot's licence, and would also impact his commercial landlord business. Assessing the gravity of the offending, the Court found that it would place significant pressure on toheroa, a species already at risk, but that the offence was not particularly serious as far as offences go. However the Court observed that as the defendant was charged with an offence, the Civil Aviation Authority would conduct an investigation anyway into whether he was a fit and proper person to hold a pilot's licence. Therefore whether or not the discharge was granted was beside the point. In terms of the defendant's landlord business, it would similarly be up to banks and insurers to decide whether the offending would affect their business relationship with the defendant. The Court entered a conviction, and imposed a fine of $800 plus court costs of $130. Judgment Date: 4 October 2018.
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