R v Walters - [1993] 1 NZLR 533

Criminal law — Offences — Conspiracy to defraud — Alleged breaches of Fisheries Act 1983 by fraudulent means — Whether charges could be laid under Crimes Act for such offences — Whether charges should have been laid under Fisheries Act — Whether provisions of Crimes Act and of Fisheries Act mutually exclusive — Crimes Act 1961, ss 229A, 257 and 310 - Fisheries Act 1983, s 97.

Evidence — Admissibility — Evidence obtained pursuant to warrant issued under Fisheries Act — Warrant executed by fishery officer other than officer named in warrant — Whether reasonableness of belief to be that of fishery officer or of Judge issuing warrant — Fisheries Act 1983, s 79(1)(a), 79(2) and 79(2A).

Criminal practice and procedure — Trial — Trial by Judge alone — Verdict — Whether Court of Appeal authorised to retry case — Required contents of Judge's written verdict — Crimes Act 1961, s 385(1).

Criminal law — Sentence — Relevance of deterrent effect of sentence — Limited penalty at time of offending — Whether sentence of imprisonment appropriate in the circumstances.