MK Law

Have you been charged with Abandoning an Animal Kept for Domestic Purposes?

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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 does it mean to be Charged with Abandoning an Animal Kept for Domestic Purposes?

Under Section 9(1)(h) of the Prevention of Cruelty to Animals Act 1986 (“PCA”), a person commits an offence if they abandon an animal that is of a species typically kept in confinement or for a domestic purpose. This provision covers pets and other animals that rely on human care and protection. Abandonment in this context refers to leaving an animal without care or provisions, which places the animal in a vulnerable state and exposes it to potential suffering.

What must the prosecution prove?

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

  1. You intentionally left the animal without care.
  2. The abandoned animal must be of a species generally kept in confinement or for domestic purposes (e.g., pets like dogs, cats, or animals kept for farming).
 

Abandoning the animal subjected it to harm, suffering, or distress

Penalties for Abandoning an Animal kept for Domestic Purposes:

Penalties for abandoning an animal can include fines 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?

Abandoning an animal kept for domestic purposes cases can ONLY be heard in the Magistrates’ Court of Victoria.

Factors and Defences to consider:

a gavel on a wooden block
  • Did you intentionally abandon an animal?
  • Did you own the animal?
  • Was the animal considered a domestic animal?
  • What were the surrounding circumstances of your offence?
a gavel on a wooden block

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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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