Question
Assume that Donald has an unfortunate accident in a tanning machine, and so Fish 'n' Tan keep Anastasia.Katipo then falls upon hard times and is
Assume that Donald has an unfortunate accident in a tanning machine, and so Fish 'n' Tan keep Anastasia.Katipo then falls upon hard times and is forced to sell her shares to Bazzine and resign as a director.She desperately misses Anastasia however and so Bazzine gives her a job feeding the fish after hours.She is given a key to the premises.
Katipo still cannot bear the thought of Anastasia being sold, and so, one night, steals Anastasia.She knows that the police will come looking for her, and so releases Anastasia into the Waikato River.Anastasia, exuberant at finally being free from Katipo's boring rules, runs wild and enters into numerous liaisons with the indigenous fish.As a result of her activity, a new cross-breed of fish, the Gangsta-Fish is created.It is an extremely violent type of fish which wipes out a number of existing indigenous fish species.
Charges are brought against Fish 'n' Tan Ltd under the (fictional) "Prevention of Cross-Breeding between Exotic and Indigenous Fish Act 2010".The Act was passed after a number of breeders of exotic fish started deliberately releasing their fish into rivers and lakes, so they could cross-breed them with indigenous fish and then export the baby fish overseas.This was causing enormous ecological harm.
Section 3 states that the objects of the Act are:
"(a) To deter owners of exotic fish from releasing them into rivers and lakes for the purpose of cross-breeding them with indigenous species for profit;
(b) To prevent harm being caused to the environment by the deliberate release of exotic fish into rivers and lakes.
Section 4 states:
"It is an offence under this Act for any person to intentionally release any exotic fish into any protected environment."
Assume that Waikato River is a "protected environment" and that the Siberian Ballerina fish is an "exotic fish".
Question
Is Fish 'n' Tan liable to be convicted of an offence under section 4?
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