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Court of Appeal, having determined that a sentence on the Master of a fishing vessel for holding unlawful grading equipment on board was not mandatory, nonetheless reimposes the sentence as imposed by the Circuit Court, namely a fine of €500, the confiscation of catch worth €344,000 and equipment worth €55,000, on the grounds that: (a) the penalty was appropriate to deter unlawful conduct; and (b) as the confiscation orders would fall primarily on the owners of the vessel, they were not disproportionate on the Master of the vessel.
Edwards J: Criminal law - sentencing - re-sentencing following determination of error of principle - original sentence quashed - master of sea fishing vessel - carrying on board equipment prohibited by EU regulation - reading of herring, mackerel or horse mackerel - fine of €500 - confiscation of catch worth €344K - confiscation of equipment worth €55K - whether confiscation was a statutory consequence of conviction - whether penalty was disproportionate - whether sentencing judge had discretion concerning forfeiture - further evidence on re-sentencing - personal circumstances of the offender - other witness evidence - proportionality of penalty to the infringement - impact on ability of appellant to exercise his profession and earn a livelihood - level of culpability for the offence.
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