Have you been charged with Being in Charge of an Animal and Failing to Provide the Animal Sufficient Food, Drink or Shelter?
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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:
- You were the owner or the person responsible for the animal.
- The animal was confined or in a situation where it was unable to access food, water, or shelter on its own.
- You failed to provide adequate food, water, or shelter to the animal.
- 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.
Factors and Defences to consider:
- Did you have custody or possession of the animal?
- Were you the owner of the animal?
- Was the animal confined or unable to look after itself?
- Did you fail to look after the animal and provide food, drink and/or shelter?
- What were the surrounding circumstances of your offence?
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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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- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au