Wanganeen v Dietman; Shaw v Dietman (No 2)

This matter concerned appeals to the Full Court of the Supreme Court of South Australia following convictions in the Magistrates Court. The appeals were brought by Wanganeen and Humes, and by Shaw, against convictions for offences related to the taking or possession of fish under a prescribed weight or size. The Court had previously allowed the appeals of Wanganeen and Humes, setting aside their convictions and remitting some counts for a fresh trial. Shaw's appeal against two convictions was allowed with acquittals substituted, while his appeal against a third conviction was dismissed. The Full Court subsequently considered submissions on resentencing Shaw and on costs.

The primary legal issues before the Full Court were the appropriate sentencing orders for Shaw, given the partial success of his appeal, and the allocation of costs for both Shaw's appeal and the appeals of Wanganeen and Humes, considering the mixed outcomes. Specifically, the Court had to determine whether the Magistrate's sentencing orders for Shaw, including a good behaviour bond, prohibition order, and forfeiture order, remained appropriate, and whether an additional penalty and costs orders made by the Magistrate should be set aside. The Court also had to decide on the costs of the prosecution in the Magistrates Court and the costs of the appeals for all parties.

The Full Court affirmed the Magistrate's order for Shaw's discharge upon entering into a good behaviour bond, prohibition order, and forfeiture order, finding these to be appropriate. However, the Court set aside the additional penalty and costs orders made by the Magistrate in relation to Shaw. Regarding costs, the Court ordered that the respondent pay Shaw's costs of the prosecution in the Magistrates Court and Shaw's costs of the appeal. For Wanganeen and Humes, the Court ordered that the respondent pay their costs of appeal without reduction for mixed success, and that the costs of the prosecution in the Magistrates Court be reserved to that court for determination.