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R v Wallace [2022] NZDC 13368

Published 05 December 2023

Sentencing — distress of an animal — neglect of an animal — failing to alleviate pain of an animal — Animal Welfare Act 1999 — Kondratyeva v R CA6/2015 NZCA 266 [23 June 2015] — Green v SPCA HC New Plymouth CRI-2006-443-000012, 18 October 2006 — SPCA v Peart [2018] NZDC 14948 — Barnes v Ministry of Primary Industries [2015] NZHC 534. This was a sentencing for two defendants who were found guilty on 26 charges of failing to meet the needs of an animal, and six charges of failing to alleviate the pain of an animal. The defendants owned a kennel business and were meant to care for many dogs on their property. The Court rejected the defendants' denial of the allegations, as evidence showed that the dogs were not living in proper conditions. The dogs were completely helpless and one dog had to be euthanized as a result of injuries from being tied up. The first defendant was in charge of the dogs' day to day care and the second defendant was the owner of the dogs. The Court saw this as a bad case of neglect. The SPCA made multiple attempts to improve the dogs' living conditions. Both defendants had extensive experience with dogs and dog breeding, therefore they would have known the standard in which to keep them. The Court saw there was a likelihood that the defendants were hiding from the SPCA dogs who were in particularly bad condition. The Court found that there was a financial motivation for the offending as the first defendant sold puppies online. The first defendant had two previous convictions, therefore she was not given credit for good character and it was assessed that she had a high risk of harm and re-offending. A 12-month intensive supervision was imposed. The second defendant did not have previous convictions and was not in the best of health, so a nine-month supervision order was imposed. The Court imposed a nine-year disqualification for both defendants from owning or exercising any control over any dogs. The Court ordered costs of $40,000; $20,000 for each of the defendants. Judgment Date: 13 July 2022.