Have you been charged with Doing or Omitting to Do an Act that Causes Unreasonable Pain or Suffering to an Animal?
If so, you will need to engage the services of an expert in criminal law. This charge can have serious implications. Make sure you have carefully considered all elements of the charge with an experienced lawyer before telling 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)(c) of the Prevention of Animal Cruelty Act 1986.
The prosecution must prove:
The defendant knowingly or negligently did or omitted to do an act;
The act caused unnecessary, unreasonable or unjustifiable pain or suffering to an animal.
The maximum penalty
In the case of a natural person, imprisonment for 12 months or 250 penalty units. In the case of a body corporate, 600 penalty units.
Where will my case be heard?
Doing or Omitting to do an Act that Causes Unreasonable Pain or Suffering to an Animal 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?
Arrange a time as soon as possible to consult with a specialist criminal lawyer. Remember, the longer your lawyer has to prepare your defence the better the outcome is likely to be.
If you have been charged with Doing or Omitting to do an Act that Causes Unreasonable Pain or Suffering to an Animal make an appointment to see one of our experienced lawyers today.
The legislation
Section 9 Cruelty
(1) A person who—
(c) does or omits to do an act with the result that unreasonable pain or suffering is caused, or is likely to be caused, to an 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.
