Have you been Charged with Doing or Omitting to do an Act that Causes Unreasonable Pain or Suffering to an Animal?
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Charged with an Animal Cruelty offence
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Wounding, Torturing, Overworking, Assaulting, Tormenting or Terrifying an Animal
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Loading, Crowding or Confining an Animal Causing Unreasonable Pain or Suffering
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Doing or Omitting to do an Act that Causes Unreasonable Pain or Suffering to an Animal
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Driving, Carrying or Packing an Animal which Subjects the Animal to Unnecessary Pain or Suffering
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Working, Riding or Using an Animal when the Animal is Unfit Causing the Animal Unreasonable Pain or Suffering
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Being in Charge of an Animal and Failing to Provide the Animal Sufficient Food, Drink or Shelter
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Abandoning an Animal Kept for Domestic Purposes
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Animal and Failing to Provide Veterinary or Other Appropriate Attention or Treatment for the Animal
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Aggravated Animal Cruelty
What does it mean to be Charged with Doing or Omitting to do an Act that Causes Unreasonable Pain or Suffering to an Animal?
Under Section 9(1)(c) of the Prevention of Cruelty to Animals Act 1986 (“PCA”), a person commits an offence if they do or omit to do an act that results in unreasonable pain or suffering to an animal or is likely to cause such harm. This provision encompasses both active cruelty—where a person intentionally harms an animal—and passive cruelty—where a failure to act leads to the animal’s suffering.
What must the prosecution prove?
For a conviction under this charge, the prosecution must establish the following elements:
- You either performed a specific act that harmed the animal or failed to take necessary actions to prevent harm.
- The actions or omissions must have caused, or have the potential to cause, unreasonable pain or suffering to the animal.
Penalties for doing or omitting to do an act that causes unreasonable pain or suffering to an animal:
The penalties for violating this provision can reach up to 250 penalty units or 12 months’ imprisonment for individuals, and 600 penalty units for corporate entities, reflecting the seriousness of animal welfare and the legal obligation to prevent cruelty.
Where will my case be heard?
Doing or omitting to do an Act that causes unreasonable pain or suffering to an animal case can ONLY be heard in the Magistrates’ Court of Victoria.
Factors and Defences to consider:
- Were you the owner of the animal victim?
- Did you intend to do or omit to do something etc towards an animal?
- Were your actions necessary in the circumstances?
- Were your actions due to self-defence?
- Do you have legal authority such a Veterinary License?
- Did your actions cause direct harm or suffering towards the animal?
- What were the surrounding circumstances of your offence?
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Charged with an Animal Cruelty offence
-
Wounding, Torturing, Overworking, Assaulting, Tormenting or Terrifying an Animal
-
Loading, Crowding or Confining an Animal Causing Unreasonable Pain or Suffering
-
Doing or Omitting to do an Act that Causes Unreasonable Pain or Suffering to an Animal
-
Driving, Carrying or Packing an Animal which Subjects the Animal to Unnecessary Pain or Suffering
-
Working, Riding or Using an Animal when the Animal is Unfit Causing the Animal Unreasonable Pain or Suffering
-
Being in Charge of an Animal and Failing to Provide the Animal Sufficient Food, Drink or Shelter
-
Abandoning an Animal Kept for Domestic Purposes
-
Animal and Failing to Provide Veterinary or Other Appropriate Attention or Treatment for the Animal
-
Aggravated Animal Cruelty
What happens next?
If you are facing charges related to animal cruelty, your immediate next step is to contact MK Law to schedule an initial consultation with their experienced legal team. During this meeting, you will have the opportunity to discuss the specifics of your case in detail, allowing the lawyers to evaluate your situation comprehensively and provide you with tailored preliminary advice.
MK Law will meticulously review all relevant information and may request additional evidence or documentation to strengthen your defence. Throughout the legal process, they will keep you informed, offering ongoing legal guidance and preparing you for any necessary court appearances. When your case goes to trial, MK Law will represent you, working diligently to advocate for the best possible outcome on your behalf.
To begin, reach out to MK Law by calling 1800 130 120 or visiting their website to arrange your consultation.
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