Have you been charged with Driving, Carrying or Packing an Animal which Subjects the Animal to Unnecessary Pain or Suffering?
If you have then you will need to discuss your charge with a specialist in criminal law.
Can the prosecution make out their case? Did you transport an animal in a way which caused it unnecessary pain and suffering? Do you know how you will plead?
This charge can have serious consequences. 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)(d) of the Prevention of Animal Cruelty Act 1986.
The prosecution must prove:
The defendant drove, conveyed, carried or packed an animal;
The defendant did so in a manner which subjected the animal or was likely to subject the animal to unnecessary pain and suffering.
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?
Driving, Carrying or Packing an Animal which Subjects the Animal to Unnecessary 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 now. Don’t delay your preparation to the last minute – ensure your defence is as strong as it can be.
If you have been charged with Driving, Carrying or Packing an Animal which Subjects the Animal to Unnecessary Pain or Suffering talk to one of our experienced lawyers today
The legislation
Section 9 Cruelty
(1) A person who—
(d) drives, conveys, carries or packs an animal in a manner or position or in circumstances which subjects or subject, or is likely to subject, it to unnecessary pain or suffering;
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.
