Whangarei SPCA v Peart  NZDC 14948
Published 12 July 2019
Sentencing — ill-treatment of animal — thoroughbred mare — failure to meet physical, health and behavioural needs — Erikson v Ministry for Primary Industries
 NZCA 271 — Police v Witehira  NZDC 16476 — Animal Welfare Act 1999, ss 29(a) & 169 — Criminal Procedure (Mentally Impaired Persons) Act 2003, s
9 — Sentencing Act 2002.
The defendant appeared for sentence on a charge of ill-treating an animal. She had failed to provide adequate treatment to her injured horse and it had to be
destroyed. Given the seriousness of the offence of animal cruelty, the Court set a starting point of six months' imprisonment. The defendant had no previous
relevant convictions and had been suffering from major stress. The Court decided to enter a conviction and order a sentence of nine months' supervision. The
Court also ordered reparations of $618.20 to the SPCA to cover vet costs and prohibited the defendant from owning horses for a period of five years.