Have you been Charged with Doing or Omitting to do an Act that Causes Unreasonable Pain or Suffering to an Animal?

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:

1. You either performed a specific act that harmed the animal or failed to take necessary actions to prevent harm.
2. 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.