Lewis (Department of Primary Industries Fisheries) v Wanganeen & Harradine

The appeal involved the decision of a Magistrate finding no case to answer in relation to complaints of breaches of the Fisheries Act 1982. The respondents, Wanganeen and Harradine, had been charged with possessing abalone in contravention of the Act. The Magistrate ruled that there was no case to answer without hearing the defendants, which led to the appeal. The appellant argued that the Magistrate had erred in finding no case to answer without hearing the defendants and that the onus of proof was on the respondents.

The court considered whether the Magistrate had erred in making the finding without hearing the defendants. The court noted that there was evidence which, if unchallenged, could lead to an inference of a joint enterprise and that all three occupants of the car were in possession of the abalone. The court found that the alternative submission on behalf of the respondent Harradine failed. The court concluded that the appeal must be allowed and that the order dismissing the charges must be set aside. The matter was remitted to the Magistrate to be dealt with according to law.

The court found that the Magistrate had erred in finding no case to answer without hearing the defendants. The court held that there was evidence from which it was possible for the Magistrate to infer a joint enterprise and that all three occupants of the car were in possession of the abalone. The court found that the alternative submission on behalf of the respondent Harradine failed. The appeal was allowed, the order dismissing the charges was set aside, and the matter was remitted to the Magistrate for hearing and determination according to law.