Animal Cruelty Offences Overview
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Appeals to the County Court of Victoria
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Appeals to the County Court of Victoria
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Appeals to the County Court of Victoria
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Appeals to the County Court of Victoria
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Appeals to the County Court of Victoria
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Appeals to the County Court of Victoria
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Appeals to the County Court of Victoria
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Appeals to the County Court of Victoria
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Appeals to the County Court of Victoria
What is Animal Cruelty?
Animal cruelty refers to when a person inflicts cruel treatment (not limited to abuse, abandonment, neglect, wounding and overworking) on an animal. This offence is a criminal offence under s 9 of the Prevention of Cruelty to Animals Act 1986 (PCA Act).
The different animal prosecutions, include:
- Wounds, mutilates, tortures, overworks, assaults, torments or terrifies an animal (s 9(1)(a) PCA Act
- Loads, crowds or confines causing unreasonable pair or suffering to an animal (s 9(1)(b) PCA Act
- Omits to do an act that causes unreasonable pain or suffering to an animal (s 9(1)(c) PCA Act
- Drives, conveys, carries or packs an animal which subjects the animal to unnecessary pain or suffering (s 9(1)(d) PCA Act
- Works, rides or uses an animal when the animal is unfit causing the animal unreasonable pain or suffering (s 9(1)(e) PCA Act
- Being in charge of an animal and failing to provide the animal sufficient food, drink or shelter (s 9(1)(f) PCA Act
- Abandons an animal kept for domestic purposes (s 9(1)(h) PCA Act
- Being in charge of an animal and fails to provide veterinary or other appropriate attention or treatment for the animal (s 9(1)(i) PCA Act
- Sells, offers for sale, purchases, drives or conveys an animal that appears to be unfit (due to weakness, emaciation, injury or disease)
- Other than in accordance with the Catchment and Land Protection Act 1994, the Wildlife Act 1975, the Access to Medicinal Cannabis Act 2016 or the Drugs, Poisons and Controlled Substances Act 1981, intentionally administers/lays bait for the animal containing a position or any other substance which has a harmful effect
- Uses spurs with sharpened rowels on an animal
- Carries out any prohibited act on an animal
For more information, please see specific publications
What to Consider/Needs to be Established?
To determine whether you have been accused or charged with an animal cruelty offence, it is important to consider what constitutes animal cruelty (see definition above). In other words, can the disputing party establish beyond reasonable doubt all elements of the relevant offence?
Penalties
Animal cruelty offences are serious offences and matters are generally heard before the Magistrates Court of Victoria.
If you are found guilty of an animal cruelty offence, the following penalties will be imposed (depending on the facts of the matter):
- Imprisonment (up to 12 months)
- This increases to 2 years if the act results in the death/serious disablement of the animal (see the charge of aggravated cruelty for more information)
- Financial fine (250 penalty units for people and 600 penalty units for body corporates – up to $30000, although most range between $1000-$10000)
- This increases to a maximum of $60000 if the act results in the death/serious disablement of the animal (see the charge of aggravated cruelty for more information)
- An order that disqualifies the person from being in charge of an animal (up to 10 years) (s 12 PCA Act)
- The disqualification can be conditional, which prevents the person from being in charge of a particular type and/or number of animal/s
- Community correction order
- Discharging/dismissing the order
Recent Animal Cruelty Cases
Between 2020 and 2023, 144 animal cruelty charges relating to a person failing to provide veterinary attention or treatment for an animal reached the Victorian Magistrates Court. Of those, the defendants were either financially fined (83.3%), ordered to complete community correction (14.6%), discharged/dismissed (1.4%) or imprisoned (0.7%).
Outcomes of penalties imposed from recent animal cruelty cases:
- An owner of 6 horses on a small farm did not correctly provide food and shelter to them for 6 months. Neighbours reported this to RSCPA. The owner was convicted with being in charge of an animal and failing to provide the animal sufficient food, drink or shelter (s 9(1)(f) PCA Act)
- A boy received a domesticated parrot for Christmas. Upon becoming annoyed by the parrot’s squawking, the boy and his family released it into their local park and dies 2 days later
- A lively puppy approaches and jumps at a runner in a park. The runner kicks the puppy and continues running
Defences
There are a number of defences you may be able to rely on to argue your innocence, including:
- Factual dispute/mistaken identity
- You were not the person engaging in the cruel acts, it was someone else
- Honest and reasonable mistake of fact
- You honestly and reasonably believed the way you treated the animal was not cruel
- The owner acted reasonably under all the surrounding circumstances at the time of the offence
- The owner passed responsibility to another person for the care of the animal
Considerations When Sentencing
Courts consider a range of factors when determining the most appropriate penalty for the defendant. The nature/gravity of the offending conduct, facts surrounding the offence like personal matters and criminal history of the defendant will always be considered.
Persons with a criminal history and/or who commit the cruellest, carefully planned or motivated by hate and bias blackmail cases will attract the harshest penalties.
Testimonials
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Contact Us
If you have been charged with an animal cruelty offence or if Victoria police have contacted you in connection to your possible involvement in the mistreatment of an animal, our team of expert criminal lawyers are available for free legal advice 24/7 on 1800 130 120 or at marcus.mklawfirm.com.au. The number of penalties and aggravating and mitigating factors for this offence means it is critical to seek legal advice from us as soon as possible to protect your interests throughout the whole process. Even for important advice about your conduct and what to say in intimidating police recorded interview, as police will seek admissions or fill gaps in their own investigations and use this evidence against you in court to prove your guilt. We have specialised experience supporting clients who have been charged with animal cruelty offences. We:
- Take your instructions to gauge a complete picture of your circumstances
- Use professionalism and confidentiality to liaise and negotiate with a range of law enforcement (police officers, DPP and courts) about the case and find out allegations against you, like whether you will be imprisoned and the evidence they have against you
- Discuss your options (plead guilty (likely penalties and how to reduce them) or not guilty (how best to defend your matter)
- Seek all disclosure items relevant to the case from the opposing parties (including issuing of subpoenas) and look for inconsistencies
- Represent you with a strong defence and supporting materials at the plea hearing to negotiate a plea agreement (you plead guilty to (for instance a summary of agreed facts) receive a smaller penalty) and influence outcomes
- Reduce penalties and obtain the best outcome (like withdrawing the charge/s)
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