Have you been charged with Working, Riding or Using an Animal when the Animal is Unfit Causing the Animal Unreasonable Pain or Suffering?
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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 Working, Riding or Using an Animal when the Animal is Unfit Causing the Animal Unreasonable Pain or Suffering?
Under Section 9(1)(e) of the Prevention of Cruelty to Animals Act 1986 (“PCA”), a person commits an offence if they work, ride, drive, or use an animal when it is unfit for the purpose, resulting in unreasonable pain or suffering to that animal. This provision addresses the treatment of animals that may be physically or mentally incapable of performing tasks, ensuring that they are not exploited in ways that could lead to harm.
What must the prosecution prove?
To establish a conviction under this charge, the prosecution must demonstrate the following elements:
- You engaged in activities involving the use of the animal for work, riding, driving, or other purposes.
- The animal must be unfit for the specific task or purpose, meaning it is not in a suitable condition to perform the work required of it.
- The actions must have caused, or be likely to cause, unreasonable pain or suffering to the animal.
Penalties for Working, Riding or Using an Animal when the Animal is Unfit Causing the Animal Unreasonable Pain or Suffering?
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.
Where will my case be heard?
Working, riding or using an animal when the animal is unfit causing the animal unreasonable pain or suffering cases can ONLY be heard in the Magistrates’ Court of Victoria.
Factors and Defences to consider:
- Did you work, drive, ride or use an animal?
- Did you know at that time that the animal was unfit for the task?
- Did your actions cause the animal unreasonable pain or suffering?
- Did you own the animal?
- Did you intentionally cause the animal harm or suffering?
- What were the circumstances surrounding your offence?
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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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- 1800 130 120
- marcus@mklawfirm.com.au