Have you been charged with Aggravated Animal Cruelty?
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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 Animal Cruelty?
Under Section 10 of the Prevention of Cruelty to Animals Act 1986 (“PCA”), a person commits an offence of aggravated cruelty if they engage in an act of cruelty that results in the death or serious disablement of an animal. This is considered a more severe offence than standard cruelty because it involves outcomes of greater harm, such as the animal’s death or lasting injury.
What must the prosecution prove?
For a conviction under this section, the prosecution must prove:
- You committed an act that qualifies as cruelty (such as physical abuse or neglect).
- The act of cruelty directly led to the death or serious disablement of the animal.
- The prosecution must establish a link between your actions and the severe outcome for the animal.
Penalties for Aggravated Animal Cruelty:
This offence carries harsher penalties due to the increased severity of harm. If convicted, an individual can face penalties of up to 500 penalty units or 2 years’ imprisonment, and a body corporate can be fined up to 1200 penalty units.
Furthermore, this penalty can be applied in addition to or instead of other penalties under Section 9 for the original act of cruelty, reinforcing the gravity of the offence.
Where will my case be heard?
Aggravated Cruelty cases can ONLY be heard in the Magistrates’ Court of Victoria.
Factors and Defences to consider:
- Were you intentionally cruel to an animal causing death or disablement?
- Were you acting in self-defence?
- Do you have a lawful excuse such as a Veterinarian License?
- Did your actions constitute that of a farmer or pest control?
- 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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- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au