R. v. Kronberger, (1982) 18 Sask.R. 95 (ProvCt)

• Judge: Neville, J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: January 06, 1982
• Jurisdiction: Saskatchewan
• Citations: (1982), 18 Sask.R. 95 (ProvCt)

R. v. Kronberger (1982), 18 Sask.R. 95 (ProvCt)

MLB headnote and full text

R. v. Kronberger

Indexed As: R. v. Kronberger

Saskatchewan Provincial Court

Neville, J.

January 6, 1982.

Summary:

The accused was charged with hunting wildlife on land that was posted "no hunting" contrary to s. 38 of the Wildlife Act.

The Saskatchewan Provincial Court convicted the accused.

Fish and Game - Topic 2386

Hunting offences - Hunting on posted land - Defences - A hunter pursued a wounded deer onto posted land - The hunter alleged that he was justified in going onto the posted land by a Wildlife Act Regulation which required hunters to retrieve injured game - The Saskatchewan Provincial Court convicted the hunter - The court held that the regulation did not excuse the statutory offence.

Cases Noticed:

Lorenzon v. Registrar of Motor Vehicles (1974), 39 D.L.R.(3d) 649, refd to. [para. 11].

Statutes Noticed:

Wilflife Act, R.S.S. 1978, c. W-13.1, sect. 38(1) [para. 6].

Wildlife Act Regulations (1981), sect. 22(2) [para. 7].

Counsel:

Alistair Johnston, for the Crown;

Gordon Berscheid, for the accused.

This case was heard by NEVILLE, J., of the Saskatchewan Provincial Court.

The judgment of NEVILLE, J., was delivered at Weyburn, Saskatchewan, on January 6, 1982.