Published 10 June 2019
Resisting or obstructing a fisheries officer — use of threatening language — MPI — beyond reasonable doubt — strict liability. The defendant faced charges of resisting or obstructing a fisheries officer, and using threatening language to the same officer. The prosecution case was that when the officer made enquiries about the defendant's car, the defendant had sworn at the officer, struck his own vehicle with a steel bar, and threw some buckets and a chilly bin at the officer. He had then repeatedly grabbed the officer, challenged him to a fight, and threatened him. The defendant denied throwing the items at the officer, but admitted offering to fight him; he claimed that he only did so because he was upset at the way the officer had treated him. He also claimed that the officer had grabbed him first and had threatened him with arrest. The Court preferred the evidence of the fisheries officer, which was supported by another fisheries officer who was present. The Court found that a defence witness who claimed to have seen the officer grab the defendant first was not credible. The defendant's aggressive attitude and behaviour amounted to obstruction. The Court convicted the defendant on both charges. Judgment Date: 23 July 2018.
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