Country
Papua New Guinea
Sources
InforMEA
Tagging
Evidence, Licences, Admissibility, Permits, Property, Standing, Criminal
Abstract
In this case the appellant argued that the conviction for illegal fishing had been based on circumstantial evidence. However the court held that under the s. 70 of the Fisheries Act any fish found on board any boat which has been used in the commission of a fisheries offence is presumed to have been caught in the commission of that offence. The onus is on the accused to prove otherwise. The reversed onus has been preserved in the current legislation in s.71