Have you been charged with 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:

1. You committed an act that qualifies as cruelty (such as physical abuse or neglect).
2. The act of cruelty directly led to the death or serious disablement of the animal.
3. 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.