Tonga
The accused in the case was charged with having removed a large amount of coral from within the fisheries water of Tonga without permission. The act was contrary to regulation 17(1) of the Fisheries (Conservation and Management) Regulations 1994.
In Tonga, there was at the time an absolute prohibition of removing or taking coral without permission as this act constitutes a substantial danger to the marine environment. Once coral has been removed from a reef it is not possible to save, as it will gradually die.
The main issue in the case was whether or not the Court had to establish mens rea in order to obtain a conviction. The accused had acted on instructions given to him by a Noble of the Realm who had applied for an export licence and been led by the Ministry of Fisheries to believe that one would be issued in his name. Though not yet granted a licence, the Noble then instructed the accused to commence the gathering of coral in order to meet the export deadline.
The Court concluded that there could be pressing social needs motivating the application of strict liability. In this case, the danger to the marine environment resulting from the removal or taking or coral without permission was seen as such a social need. It was not necessary to show mens rea, and thus the accused was convicted of the offence.