Have you been charged with Loading, Crowding or Confining an Animal Causing Unreasonable Pain or Suffering?
This charge carries potentially serious consequences, including imprisonment. Make sure you have carefully looked at all elements of the charge with an experienced lawyer before advising a court how you intend to plead.
There may be a defence available to you if, at the time of the alleged offence, you were the owner of the animal and you can prove you had entered into an agreement with another person by which the other person agreed to care for the animal.
Please read below for more information in relation to this charge.
The offence
Section 9(1)(b) of the Prevention of Cruelty to Animals Act 1986.
The prosecution must prove:
The defendant overloaded or overcrowded an animal.
The maximum penalty
In the case of an individual, imprisonment for 12 months or 250 penalty units. In the case of a body corporate, 600 penalty units.
Where will my case be heard?
Loading, Crowding or Confining an Animal Causing Unreasonable Pain or Suffering cases can only be heard in the Magistrates’ Court of Victoria.
Questions to consider
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
Consult an experienced criminal lawyer at your earliest convenience. Appropriate preparation is critical to the success of any matter.
If you have been charged with Loading, Crowding or Confining an Animal Causing Unreasonable Pain or Suffering speak to one of our experienced lawyers today.
The legislation
Section 9 Cruelty
(1) A person who—
(b) loads, crowds or confines an animal where the loading, crowding or confinement of the animal causes, or is likely to cause, unreasonable pain or suffering to the animal;
commits an act of cruelty upon that animal and is guilty of an offence and is liable to a penalty of not more than, in the case of a natural person, 250 penalty units or imprisonment for 12 months or, in the case of a body corporate, 600 penalty units.
