Whangarei SPCA v Peart [2018] 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 [2017] NZCA 271 — Police v Witehira [2017] 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.