Natural Resources Access Regulator v Harris; Natural Resources Access Regulator v Timmins (No 2)

The two appellants, Harris and Timmins, were found guilty of contravening the Fisheries Management Act 1994 (NSW) by the Local Court, and they appealed to the District Court. The appellants were each convicted of two offences: the first was for contravening a condition of their licence to fish for commercial purposes, and the second was for fishing without a licence. The appeal was against both conviction and sentence. The Court had to determine whether the appeal against conviction and sentence was well founded.

The appeal against conviction was dismissed. The Court found that the prosecution had established all the elements of the offences. The appellants had admitted they were fishing without a licence and had deliberately ignored a condition of their licence. The Court found that the primary judge was correct in concluding that the appellants' actions were deliberate and not accidental, and that the convictions should be upheld. The appeal against sentence was also dismissed. The Court found that the primary judge had considered all relevant matters and had exercised his discretion appropriately in sentencing the appellants. The Court found that the sentence was not manifestly excessive or inadequate, and that the appeal against sentence should be dismissed.

The orders of the District Court were affirmed. The appellants' application for costs under the Criminal Procedure Act 1986 (NSW) was dismissed. Costs were reserved, and the prosecutor was given liberty to apply. The exhibits were returned.