Twelve pages of "well what if the circumstances were thus." Seems ridiculous to me. I prefer to deal in reality instead of hypotheticals that have umpteen million permutation and combinations.
That being said if the rule of law is absolute and requires justice with no ability to extend our fellow citizens grace and compassion than something is seriously wrong with our society and ultimately we will all either be criminals or Javerts.
Going back to your question:
Should a subsistence poacher be charged, convicted and punished? In many cases yes and in some cases justice would be better served by extending grace and compassion. It is possible to do both and still see justice served.