Have you been charged with Being in Charge of an Animal and Failing to Provide the Animal Sufficient Food, Drink or Shelter?

What does it mean to be Charged with overseeing an Animal and Failing to Provide the Animal Sufficient Food, Drink or Shelter?

Under Section 9(1)(f) of the Prevention of Cruelty to Animals Act 1986 (“PCA”), a person commits an offence if they are the owner or person in charge of an animal that is confined or otherwise unable to care for itself, and they fail to provide the animal with proper and sufficient food, drink, or shelter. This provision focuses on the duty of care owed to animals, especially those that are reliant on humans for their basic needs.

What must the prosecution prove?

For a conviction under this charge, the prosecution must prove:

1. You were the owner or the person responsible for the animal.
2. The animal was confined or in a situation where it was unable to access food, water, or shelter on its own.
3. You failed to provide adequate food, water, or shelter to the animal.
4. This failure resulted in or contributed to the animal’s suffering or distress

Penalties for Overseeing an Animal and Failing to Provide the Animal Sufficient Food, Drink or Shelter:

Violations can result in penalties of up to 250 penalty units or 12 months’ imprisonment for individuals, and 600 penalty units for corporate entities.

Where will my case be heard?

Being in charge of an animal and failing to provide the animal sufficient food, drink or shelter cases can ONLY be heard in the Magistrates’ Court of Victoria.