Have you been Charged with Doing or Omitting to do an Act that Causes Unreasonable Pain or Suffering to an Animal?
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Charged with an Animal Cruelty offence
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Wounding, Torturing, Overworking, Assaulting, Tormenting or Terrifying an Animal
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Loading, Crowding or Confining an Animal Causing Unreasonable Pain or Suffering
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Doing or Omitting to do an Act that Causes Unreasonable Pain or Suffering to an Animal
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Driving, Carrying or Packing an Animal which Subjects the Animal to Unnecessary Pain or Suffering
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Working, Riding or Using an Animal when the Animal is Unfit Causing the Animal Unreasonable Pain or Suffering
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Being in Charge of an Animal and Failing to Provide the Animal Sufficient Food, Drink or Shelter
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Abandoning an Animal Kept for Domestic Purposes
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Animal and Failing to Provide Veterinary or Other Appropriate Attention or Treatment for the Animal
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Aggravated Animal Cruelty
What does it mean to be Charged with Doing or Omitting to do an Act that Causes Unreasonable Pain or Suffering to an Animal?
Under Section 9(1)(c) of the Prevention of Cruelty to Animals Act 1986 (“PCA”), a person commits an offence if they do or omit to do an act that results in unreasonable pain or suffering to an animal or is likely to cause such harm. This provision encompasses both active cruelty—where a person intentionally harms an animal—and passive cruelty—where a failure to act leads to the animal’s suffering.
What must the prosecution prove?
For a conviction under this charge, the prosecution must establish the following elements:
- You either performed a specific act that harmed the animal or failed to take necessary actions to prevent harm.
- The actions or omissions must have caused, or have the potential to cause, unreasonable pain or suffering to the animal.
Penalties for doing or omitting to do an act that causes unreasonable pain or suffering to an animal:
The penalties for violating this provision can reach up to 250 penalty units or 12 months’ imprisonment for individuals, and 600 penalty units for corporate entities, reflecting the seriousness of animal welfare and the legal obligation to prevent cruelty.
Where will my case be heard?
Doing or omitting to do an Act that causes unreasonable pain or suffering to an animal case can ONLY be heard in the Magistrates’ Court of Victoria.
Factors and Defences to consider:
- Were you the owner of the animal victim?
- Did you intend to do or omit to do something etc towards an animal?
- Were your actions necessary in the circumstances?
- Were your actions due to self-defence?
- Do you have legal authority such a Veterinary License?
- Did your actions cause direct harm or suffering towards the animal?
- What were the surrounding circumstances of your offence?
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St Kilda, Victoria 3182
1800 130 120
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I want to sincerely thank my lawyer Mr Daniel Moon for representing me so well in court. He made me feel comfortable, as it was my first experienc... Read MoreI want to sincerely thank my lawyer Mr Daniel Moon for representing me so well in court. He made me feel comfortable, as it was my first experience in court. I liked his professionalism, preparation, confidence and attention to details. He explained everything clearly, guided me step by step, and fought for the best possible outcome for me. With him handling my case, it gave me a peace of mind during a very stressful time. The outcome spoke volumes about his expertise, and I would highly recommend them to anyone in need of strong legal representation. Read Less55/5
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Michael Sunderland from MK Law handled my matter with professionalism, respect, and genuine care. It was clear that he genuinely cared about gett... Read MoreMichael Sunderland from MK Law handled my matter with professionalism, respect, and genuine care. It was clear that he genuinely cared about getting the best result possible, and his preparation and courtroom presence reflected that commitment. Michael’s professional demeanour and respectful conduct, both with me and within the court, gave me the utmost confidence I was in the right hands. He clearly explained the process, kept me informed, and made me feel confident throughout. The outcome was far better than I expected, thanks to his expertise and strategic approach. I’m truly grateful for his support and wouldn’t hesitate to recommend him. Read Less55/5
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I cannot thank Michael Sunderland from MK Law enough for the way he handled my case. From the very beginning, Michael was highly professional, kno... Read MoreI cannot thank Michael Sunderland from MK Law enough for the way he handled my case. From the very beginning, Michael was highly professional, knowledgeable, and thorough in every aspect of the process. He took the time to explain everything clearly, which gave me great comfort and confidence throughout what could have been a very stressful time. Michael’s expertise and guidance reassured me that I was in the best hands, and his calm and confident approach made a huge difference to my peace of mind. He was always approachable, responsive, and dedicated to achieving the best possible outcome for me. I would highly recommend Michael Sunderland to anyone seeking a lawyer who is not only exceptionally skilled but also genuinely cares about his clients. Read Less55/5
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I would like to sincerely thank Ashleigh for her exceptional support and professionalism during a very difficult time in my life. From the first m... Read MoreI would like to sincerely thank Ashleigh for her exceptional support and professionalism during a very difficult time in my life. From the first meeting, she was calm, respectful, and clear about what I could expect. She never judged me, always listened carefully, and explained every step of the legal process in a way that made me feel supported and confident. Ashleigh handled my case involving a traffic offence with care and honesty. She gave me solid advice, helped me prepare all the right documents, and even guided me on how to speak respectfully in court. Because of her help, I was able to present myself properly before the judge and achieve a much better outcome than I expected. What really stood out to me was her genuine concern for my future. She didn’t treat me like “just another case.” Ashleigh is not only a skilled lawyer — she is also a kind person who truly cares about her clients. I highly recommend Ashleigh to anyone in need of legal help. She is trustworthy, professional, and goes above and beyond for her clients. Thank you again for everything. Read Less55/5
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Charged with an Animal Cruelty offence
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Wounding, Torturing, Overworking, Assaulting, Tormenting or Terrifying an Animal
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Loading, Crowding or Confining an Animal Causing Unreasonable Pain or Suffering
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Doing or Omitting to do an Act that Causes Unreasonable Pain or Suffering to an Animal
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Driving, Carrying or Packing an Animal which Subjects the Animal to Unnecessary Pain or Suffering
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Working, Riding or Using an Animal when the Animal is Unfit Causing the Animal Unreasonable Pain or Suffering
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Being in Charge of an Animal and Failing to Provide the Animal Sufficient Food, Drink or Shelter
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Abandoning an Animal Kept for Domestic Purposes
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Animal and Failing to Provide Veterinary or Other Appropriate Attention or Treatment for the Animal
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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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- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au