Court overturns acquittal on fishing charge Crown appealed the decision. finding of due diligence on May 3, 2009, in relation to the changed offence, constituted a palpable and overriding error, as alleged by the Appellant (Crown), said Bo...
AI summary The Supreme Court overturned an acquittal in a fishing charge case, ruling that the trial judge erred in accepting a due diligence defense. The Crown appealed after the trial judge found Mark Boyd, who set crab traps in a closed buffer zone, had exercised due diligence. The defense argued a faulty electronic plotter caused the error, but the court found this insufficient to justify the violation.