The accused was a commercial lobster fisherman who was caught hauling 14 unmarked lobster pots intermingled with his tagged pots. He plead guilty and a joint submission was made requesting:
A fine of $2,000;
Forfeiture of the 14 unmarked lobster pots;
No forfeiture of his boat, motor and contents; and
Prohibition from fishing for the first five days of the next lobster fishing season.
In sentencing the accused, the trial court imposed items 1,3 above, but did not impose a prohibition from fishing. Upon appeal, the appeal court reviewed the law with respect to joint submission of counsel and imposed a fishing prohibition based upon the decisions of R. v. Oldford (digested herein) and R. v. Cluet (2002), 217 Nfld. & P.E.I.R. 87 (NLTD).