Big fine for jenny catch
A North Queensland man’s tear-jerking recent history that included the shocking death of a child was not enough to spare him from being hit with a hefty fine for illegally possessing a female mud crab.
Shane Anthoney Borgas, 50, pleaded guilty in the Ingham Magistrates Court on Thursday, July 14, to two charges of possessing regulated fish in relation to the bust at Enterprise Channel, Dungeness, Hinchinbrook Shire, in May, 2021.
Appearing for the prosecu
tion, a Queensland Boating and Fisheries patrol officer said Borgas was caught in possession of a female mud crab and one detached claw during a random intercept at the popular recreational fishing and crabbing spot.
Defence lawyer Carly Hoyer of Legal Aid Queensland urged the court from the outset to impose a fine of no more than the ticketable amount, taking into consideration her client’s early guilty plea, cooperation, lack of criminal history, financial circumstances, sad personal circumstances and recent health issues.
She said Borgas was the sole carer of his disabled five-yearold son who suffered from a range of behavioural issues, including autism.
“His wife left Ingham shortly after the death of their other child by suicide in 2019,” she said.
“The death of his son has had a very detrimental impact on Mr Borgas and his son for whom he is now the sole carer.”
Ms Hoyer said the defendant had been diagnosed with post-traumatic stress injury (PTSD) as a result of the tragic death.
She said the surviving family relied on Mr Borgas’ carer’s pension as its sole income.
Ms Hoyer said that in addition, the defendant suffered a stroke two weeks ago.
“His ongoing health concerns are going to provide a further financial burden on the family.”
The defence lawyer said Mr Borgas was returning from a successful fishing trip, having caught 12 healthy male crabs last year.
She said the female was found scurrying free on the floor of the boat, underneath a chair.
Ms Hoyer said the detached claw was the result of pulling a crab pot out of the water and “certainly not intended”.
Magistrate Scott Luxton said he noted Borgas’ personal circumstances but also the need for deterrence to protect the recreational the commercial fishing industries.
“There is a necessity for all to take responsibility and to comply with the rules so that the fishery can continue to survive and thrive into the future for the benefit of everyone.”
He also noted Borgas had also previously breached fishing regulations for a similar offence.
The defendant was fined $800 and ordered to pay court costs of $104.40.No conviction was recorded.