Frank Stewart Dethridge Memorial Address 2009

Abstract

In this address, Judge Broadmore discusses criminal sentencing from a maritime perspective. He examines the approach taken by his judicial colleagues to sentencing offenders against New Zealand's fisheries laws, considers the legal and factual context in which such sentencing takes place, and considers whether the Court has in fact been taking into account all relevant matters. Further, Judge Broadmore outlines the international instruments influencing NZ fisheries law, the response of that law - particularly in respect of sentencing - to assess the extent to which that response is appropriate, and offers a view on directions the Courts might properly take. A portion of this paper involves a discussion of select District Court sentencing decisions in respect of fisheries.