Have you been charged with Being in Charge of an Animal and Failing to Provide the Animal Sufficient Food, Drink or Shelter?
Then you will need to seek legal advice from a specialist in criminal law. You should consider the following questions with your lawyer before you advise a court of how you intend to plead:
Were you the owner of the animal? Did you have custody or possession of the animal? Was the animal confined or unable to look after itself? Did you fail in your duty of care?
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)(f) of the Prevention of Animal Cruelty Act 1986.
The prosecution must prove:
The defendant was the owner or had possession or custody of an animal;
The animal was confined or otherwise unable to provide for itself;
The defendant failed to provide the animal with proper and sufficient food or drink or shelter.
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 the Animal Sufficient Food, Drink or Shelter 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 immediately, so work on your defence can begin as soon as possible. Good preparation is key in achieving positive outcomes.
If you have been charged with Being in Charge of an Animal and Failing to Provide the Animal Sufficient Food, Drink or Shelter make an appointment to see one of our experienced lawyers today.
The legislation
Section 9 Cruelty
(1) A person who—
(f) is the owner or the person in charge of an animal which is confined or otherwise unable to provide for itself and fails to provide the animal with proper and sufficient food, drink or shelter;
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.
