Other Criminal Offences – VIC

Welcome to the VIC Animal cruelty article page. Everything you need to know about Animal cruelty according to VIC law.

What the Law States according to VIC Law for Animal cruelty

According to VIC Law for the charge of Animal cruelty,

Prevention of Cruelty to Animals Act 1986 – SECT 9
Cruelty

9. Cruelty

(1) A person who-

(a) wounds, mutilates, tortures, overrides, overdrives, overworks, abuses, beats, worries, torments or terrifies an animal; or

(b) loads, crowds or confines an animal where the loading, crowding or confinement of the animal causes, or is likely to cause, unreasonable pain or suffering to the animal; or

(c) does or omits to do an act with the result that unreasonable pain or suffering is caused, or is likely to be caused, to an animal; or

(d) drives, conveys, carries or packs an animal in a manner or position or in circumstances which subjects or subject, or is likely to subject, it to unnecessary pain or suffering; or

(e) works, rides, drives or uses an animal when it is unfit for the purpose with the result that unreasonable pain or suffering is caused to an animal; or

(f) is the owner or the person in charge of an animal which is confined or otherwise unable to provide for itself and fails to provide the animal with proper and sufficient food, drink or shelter; or

(g) sells, offers for sale, purchases, drives or conveys a calf, which appears to be unfit because of weakness, to be sold or purchased or to be driven or conveyed to its intended destination; or

(h) abandons an animal of a species usually kept in a state of confinement or for a domestic purpose; or

(i) is the owner or the person in charge of a sick or injured animal and unreasonably fails to provide veterinary or other appropriate attention or treatment for the animal; or

(j) other than in accordance with the Catchment and Land Protection Act 1994, the Wildlife Act 1975 or the Drugs, Poisons and Controlled Substances Act 1981, intentionally administers to an animal or lays a bait for the animal containing-

(i) a poison; or

(ii) any other substance which, when administered to that type of animal, has a harmful effect on the animal; or

(k) uses spurs with sharpened rowels on an animal; or

(l) carries out a prohibited procedure on an animal-

commits an act of cruelty upon that animal and is guilty of an offence.

The Maximum Penalty – Animal cruelty

According to VIC Law for the charge of Animal cruelty, 12 months / 120 penalty units – 600 penalty units.

What the Police must prove according to VIC Law for Animal cruelty

1. The accused wounded, mutilated, tortured, overdrove, overworked, abused, beat, worried, tormented or terrified an animal or

2. The accused overloaded or overcrowded an animal or

3. The accused knowingly or negligently did or omitted to do an act. The act caused unnecessary, unreasonable or unjustifiable pain or suffering to an animal or

4. The accused drove, conveyed, carried or packed an animal. The accused did so in a manner which subjected the animal or was likely to subject the animal to unnecessary pain and suffering or

5. The accused knowingly or negligently worked, rode, drove or used an animal. The accused did so in circumstances where the animal was unfit for that purpose or

6. The accused was the owner or has possession or custody of an animal. The animal was confined or otherwise unable to provide for itself. The accused failed to provide the animal with proper and sufficient food or drink or shelter or

7. The accused sold, offered to sell, purchased, drove or conveyed a calf. The calf appeared to be unfit. The calf was unfit because of weakness to be sold, purchased or to be driven or conveyed to its intended destination or

8. The accused abandoned an animal. The species of animal is usually kept in a state of confinement or for a domestic purpose or

9. The accused was the owner or has possession or custody of a sick or injured animal. The accused knowingly, negligently or unreasonably failed to provide appropriate attention or treatment to the animal or

10. The accused intentionally administered to or laid bait for an animal. The substance administered or the bait contained a (a) poison; or (b) other substance which has a harmful effect on the animal. The administration of the substance or the laying of the bait was not in accordance with the Catchment and Land Protection Act 1994, the Wildlife Act 1975 or the Drugs, Poisons and Controlled Substances Act 1981 or

11. The accused used spurs with sharpened rowels on an animal or

12. The accused cropped the ears of a dog. The operation was not done on the advice of a veterinary practitioner for the purpose of a therapeutic or prophylactic effect on the dog or

13. The accused debarked a dog. The debarking was not on the advice of a veterinary practitioner and in accordance with a Code of Practice or

14. The accused docked the tail of a horse. The operation was not done (a) on the advice of a veterinary practitioner for the purpose of a therapeutic or prophylactic effect; or (b) providing for the safety of the horse if it is a working horse

Possible Defences under VIC Law – Animal cruelty

1. At the time of the alleged offence, the owner had entered into an agreement with another person by which the other person agreed to care for the animal.

2. Honest and reasonable mistake.

3. Person acted reasonably; or reasonably omitted to do an act – in defending himself or herself or any other person against an animal or against any threat of attack by an animal.

4. Necessity

5. Factual dispute

In VIC which court will hear the matter – Animal cruelty

 

Date: 09/01/2009