The criminal offence of animal cruelty can lead to serious consequences which include a fine and imprisonment. Criminal Lawyers Group have been nationally recognised as the top criminal law firm in NSW for securing not guilty verdicts and the withdrawal of charges for clients who have been charged with the criminal offence of animal cruelty.
If you or anyone you know have been accused or charged with the criminal offence of animal cruelty, contact our award-winning team of specialised criminal lawyers at Criminal Lawyers Group immediately for a free consultation.
WHAT IS THE CRIMINAL OFFENCE OF ANIMAL CRUELTY?
Animal cruelty is constituted as a criminal offence, pursuant to Section 5 of the Prevention of Cruelty to Animals Act 1979 (NSW), which states that:
- A person shall not commit an act of cruelty upon an animal.
- A person in charge of an animal shall not authorise the commission of an act of cruelty upon the animal.
- A person in charge of an animal shall not fail at any time—
- to exercise reasonable care, control or supervision of an animal to prevent the commission of an act of cruelty upon the animal,
- where pain is being inflicted upon the animal, to take such reasonable steps as are necessary to alleviate the pain, or
- where it is necessary for the animal to be provided with veterinary treatment, whether or not over a period of time, to provide it with that treatment.
WHAT IS THE DEFINITION OF ANIMAL CRUELTY?
Section 4 (2) of the Prevention of Cruelty to Animals Act 1979 (NSW) defines animal cruelty for the purposes of this Act as including a reference to any act or omission as a consequence of which the animal is unreasonably, unnecessarily or unjustifiably:
- beaten, kicked, killed, wounded, pinioned, mutilated, maimed, abused, tormented, tortured, terrified or infuriated,
- over-loaded, over-worked, over-driven, over-ridden or over-used,
- exposed to excessive heat or excessive cold, or
- inflicted with pain.
WHAT IS THE PENALTY FOR THE CRIMINAL OFFENCE OF ANIMAL CRUELTY?
Section 5 of the Prevention of Cruelty to Animals Act 1979 (NSW) prescribes a maximum penalty of $44,000 and/or imprisonment for 1 year for any individual convicted of the criminal offence of animal cruelty.
Section 6 of the Prevention of Cruelty to Animals Act 1979 (NSW) prescribes a maximum penalty of $110,000 and/or imprisonment for 2 years for any individual convicted of the criminal offence of aggravated animal cruelty. The criminal offence of aggravated animal cruelty in this legislation refers to an act of animal cruelty resulting in the death, deformity or serious disablement of the animal, or the animal being so severely injured, so diseased or in such a physical condition that it is cruel to keep it alive.
THE CRIMINAL OFFENCE OF ANIMAL CRUELTY IN THE CRIMES ACT 1900 (NSW)
The Prevention of Cruelty to Animals Act 1979 (NSW) also defines an animal cruelty offence as an offence against section 79, 80, 530 or 531 of the Crimes Act 1900 (NSW). Contact our expert criminal lawyers at Criminal Lawyers Group for a free consultation and further information about these animal cruelty offences.
MAN CHARGED AFTER 98 KANGAROOS FOUND DEAD
A 43-year-old man has been charged with the criminal offence of aggravated animal cruelty after 98 kangaroos were allegedly discovered dead on Commonwealth land in the town of Singleton located in the NSW Hunter region. Ammunition and two cartridges were also alleged to have been located.
Officers from the Hunter Valley Rural Crime Prevention Team, assisted by officers from the Port Stephens-Hunter division subsequently raided a property in Williamtown and allegedly discovered 3 firearms. Police allege that several more firearms were seized at a second property in the Hunter region.
The accused was arrested and taken to Raymond Terrace Police Station. In addition to the criminal offence of aggravated animal cruelty, he was also charged with discharging a firearm in a Commonwealth area that is prohibited, trespassing onto Commonwealth land, not storing a firearm safely and harm or attempt to harm a protected animal.
CONTACT CRIMINAL LAWYERS GROUP NOW
If you or anyone you know have been accused or charged with the criminal offence of animal cruelty, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation. Our award-winning team of criminal law specialists are nationally recognised for securing the best outcomes for our clients across NSW who have been charged with the criminal offence of animal cruelty.