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?

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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 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:

You must be the owner or the person responsible for the care of the animal.
The animal must be in a sick or injured state.
You failed to provide reasonable veterinary or other necessary treatment for the animal.
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.

Where will my case be heard?

Being in charge of an animal and failing to provide veterinary or other appropriate attention or treatment for the animal cases can ONLY be heard in the Magistrates’ Court of Victoria.

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Animal Cruelty offences

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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