Published 01 October 2019
Sentencing — recklessly ill treating an animal — horse — cultural report — Erickson v Ministry of Primary Industries [2017] NZCA 271 — R v Taueki [2005] 3 NZLR 372 (CA) — Animal Welfare Act 1999, ss 28A(1)(c) & 169 — Sentencing Act 2002, s 27. The defendant appeared for sentence on a charge of recklessly ill-treating an animal. His horse had had to be destroyed after it was found badly underweight, dehydrated and infected with parasites. The defendant had been unable to obtain a s 27 cultural report but did arrange for a kaumatua to speak on his behalf and to explain the defendant's role in his remote rural community. Evidence showed that the animal suffered severe pain and distress for several months, but the Court considered that the defendant had had no sadistic intent and was unlikely to offend again. The Court imposed a sentence of three months' community detention and ordered that the defendant not own or be in charge of a horse for a period of seven years. The Court also ordered reparations of $1192.50 and legal fees of $200. Judgment Date: 14 August 2018.
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