Australian Fisheries Management Authority v Su

The matter under consideration involved the Australian Fisheries Management Authority and Su, where Su was charged under the Australian Fisheries Management Act for illegal fishing activities within the Australian Fisheries Management Area. The High Court of Australia was tasked with reviewing the decision of the lower court regarding the availability of a defence under section 9.2 of the Criminal Code, which pertains to honest and reasonable mistake of fact.

The central legal issue was whether Su could rely on an honest and reasonable mistake of fact as a defence, considering he had access to GPS coordinates and a chart that showed the boundary of the Australian Fisheries Management Zone. The primary question was whether Su’s actions constituted an honest and reasonable mistake, given his access to the relevant navigational aids. Additionally, the court needed to determine whether the mistake was material to the offence charged.

The court held that the appeal should be dismissed with costs. The reasoning focused on the primary judge’s findings concerning the nature of Su’s mistake and his access to information that should have indicated the illegality of his actions. The court found that despite having access to the GPS and a chart, Su's mistake was not honest and reasonable. The court emphasised that the mistake had to be material to the offence charged, and in this case, the fact that Su had continued to operate parallel to the boundary for some time indicated a lack of reasonable diligence. The court concluded that the primary judge's findings regarding the nature of the mistake and the appellant's actions were not erroneous.

ORDERS:
1. The appeal be dismissed.
2. The appellants pay the respondents’ costs.