A Cranbourne East man has received a fine without conviction for trafficking a commercial quantity of abalone.
Junior Finai, 24 at the time of the offending, was involved in a syndicate of 10, known as the Cruse Syndicate, that illegally harvested abalone in Victoria between January and April 2020.
He pleaded guilty in the County Court of Victoria on 21 February 2024 to a single offence and was fined $6,000 without conviction.
On 28 March 2020, investigators observed that Mr Finai and other syndicate members dived west of Crayfish Bay and one of them “made his way out of the water dragging a green mesh catch bag along the shallows while attempting to conceal its contents”, the court heard.
Mr Finai was observed on two occasions “carrying a mesh catch bag containing large quantities of abalone” and was photographed holding a screwdriver, a tool commonly used to shuck abalone.
Approximately 250 abalone were obtained.
A conversation between Mr Finai and another member was recorded later the day regarding the price of abalone per kilogram and how much each member expected to receive after the sale.
On 29 March, other syndicate members were seen in Springvale to sell the illegally harvested abalone from the day before.
Mr Finai was found not to hold a relevant fishery access licence or act on behalf of the holder of an access licence at the time of the offending.
The court also heard that 28 March 2020 was a designated closed day to harvest any abalone in central Victorian waters.
Abalone is identified as a priority species under the Fisheries Act 1995 (FA) and only holders of commercial fishery access licences are permitted to take it for sale.
The annual quota of commercial abalone fishery in Victoria is 100 or more abalone or 10 kilograms or more abalone including shells.
Trafficking in a commercial quantity of a priority species is a serious offence and offenders could face the maximum penalty of 10 years in prison.
Judge Douglas Trapnell noted that the offence occurred on a single occasion and fell at the lower end of offending of this type given the relatively minor role Mr Finai played in the syndicate.
“Your offending was of a short duration, occurring over the course of a two-day period,” he said.
“Moreover, you were not directly involved in that sale.
“Finally, there is no evidence to suggest you benefited financially from your offending.”
Judge Trapnell called upon the delay of the charge and Mr Finai’s respective pleas of guilty as mitigating circumstances.
Judge Trapnell opined that a $6000 fine without conviction was the “appropriate disposition”, given the seriousness of the offence, Mr Finai’s culpability for it, and his personal circumstances.
“I accept you have not reoffended,” he said.
“I also accept you have a long history of gainful employment and enjoy a stable relationship with your current partner.
“These are protection factors which auger well for your future prospects of rehabilitation.”
