Maritime New Zealand v Hodgson  NZDC 5022
Published 16 May 2019
Sentencing — collision between fishing boats — causing unnecessary danger or risk to another person or property — Maritime Transport Act 1994, s 65.
The defendant appeared for sentence having pleaded guilty to one charge of causing unnecessary danger or risk to another person or property, pursuant to the Maritime Transport Act 1994, s 65. He had been the skipper of a boat that had collided with another boat at sea. At the time of the collision he had been completing paperwork, with the boat operating under autopilot. As a result he did not notice that he was about to collide with the other boat.
The Court reviewed relevant authorities to find the defendant's culpability was at the midrange level, reaching a start point for a fine of $5000. The Court declined to find the defendant's conviction history was an aggravating factor. The defendant earned a 25 percent reduction for an early guilty plea, resulting in a final fine of $3750 and costs of $130.
Judgment Date: 9 March 2018.