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Defendant charged under s 84 Fisheries Act 1994 (Qld) with unlawfully possessing commercial fishing apparatus without authority; found not guilty on the basis defendant acting as Aborigine under s 14 Fisheries Act
Primary Judgment
DC No 113 of 2003 (no citation)
25 Feb 2005
Respondent appealed against Magistrate's decision; whether s 14 applied to charge under s 84; whether s 14 requires evidence that fish taken under Aboriginal tradition; appeal allowed
Appeal Determined (QCA)
[2006] QCA 40 [2006] 2 Qd R 150; (2006) 163 A Crim R 1
24 Feb 2006
Defendant applied for extension of time for leave to appeal against District Court decision; holding that s 14 applied to charge under s 84 Fisheries Act and finding of Aboriginality open on the evidence; appeal allowed and orders of District Court set aside: M McMurdo P and Fryberg J (McPherson JA dissenting)
Appeal Status
Appeal Determined (QCA)
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