Have you been charged with Being in Charge of an Animal and Failing to Provide Veterinary or Other Appropriate Attention or Treatment for the Animal?
If so, you need to speak to an expert in criminal law. This charge can attract heavy penalties. Make sure you have carefully considered all elements of the charge with your lawyer prior to coming before a court.
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)(i) of the Prevention of Animal Cruelty Act 1986.
The prosecution must prove:
The defendant was the owner or had possession or custody of a sick or injured animal;
The defendant knowingly, negligently or unreasonably failed to provide appropriate attention or treatment to the 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?
Being in Charge of an Animal and Failing to Provide Veterinary or Other Appropriate Attention or Treatment for the 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?
See an experienced criminal lawyer urgently.
Preparation in relation to any matter is critical. Do not put off obtaining legal advice.
If you have been charged with Being in Charge of an Animal and Failing to Provide Veterinary or Other Appropriate Attention or Treatment for the Animal make an appointment to see one of our experienced lawyers today.
The legislation
Section 9 Cruelty
(1) A person who—
(i) is the owner or the person in charge of a sick or injured animal and unreasonably fails to provide veterinary or other appropriate attention or treatment for 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.
