Have you been charged with Being in Charge of an Animal and Failing to Provide Veterinary or Other Appropriate Attention or Treatment for the Animal?

What does it mean to be Charged with Being in Charge of an Animal and Failing to Provide Veterinary or Other Appropriate Attention or Treatment for the Animal?

Under Section 9(1)(i) 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 a sick or injured animal and unreasonably fail to provide the necessary veterinary care or other appropriate treatment for the animal. This provision focuses on the duty of care owed to animals that are suffering from illness or injury, requiring timely and suitable treatment to prevent unnecessary pain or suffering.

What must the prosecution prove?

For the prosecution to secure a conviction under this section, the following elements must be established:

1. You must be the owner or the person responsible for the care of the animal.
2. The animal must be in a sick or injured state.
3. You failed to provide reasonable veterinary or other necessary treatment for the animal.
4. The failure to provide care must be unreasonable, meaning that it was not justified or excusable given the circumstances.

Penalties for being an owner or person in charge of a sick or injured animal and unreasonably failing to provide the necessary veterinary care or other appropriate treatment for the animal:

Penalties of up to 250 penalty units or 12 months’ imprisonment for individuals, and 600 penalty units for corporate entities.