English
Shao Jun Sun was charged with operating a fishing processing establishment with the primary purpose of commercial sale without the relevant licence in contravention of s 33(4)(a) of the Fisheries Management Act (2002).
On the 22 January 2005, Shao Jun Sun was caught with 2 freezers with sandfish inside, 6 bins of sandfish, 4 drying racks and 5 cooking drums. In total, the authorise found 1650 sandfish and an additional 785 fish had been caught that day.
As per s 33(4)(a) of the Fisheries Management Act (2002), the Crown had to prove that the accused operated or owned the processing site, that it was for the purpose of either sale outside Tonga or for sale primarily by wholesale in Tonga and had not be granted a licence.
The issue was the Crown proving beyond reasonable doubt that the accused had acquired the fish for the purposes of either processing them for sale outside Tonga, or for sale primarily by wholesale in Tonga.
The Crown argued that the quantity of fish found was consistent with the intention of commercial sale, and that the agreement between the fishermen and the accused did not set any limitations on how long the contract would be on foot for, or how many sandfish would be accepted.
Additionally, the equipment owned by the accused is evident of a large-scale processing operation was intended.
The Judge was satisfied that the fishing carried out by the accused on the 22 January 2005 was intended to be part of an ongoing operation and found the accused guilty.
(Summary prepared by Samantha Moores from the Queenland University of Technology)