Judge-alone trial — ill treating an animal — causing unnecessary pain or distress — animal cruelty — strict liability offence — Animal Welfare Act 1999, ss 2, 29(a), 30 & 32(b). The defendant was charged with one count of ill-treating an animal. It was alleged that he had lifted his dog off the ground by its collar. The offence carries a maximum sentence of 12 months' imprisonment or a fine not exceeding $50,000. It is a strict liability offence and therefore it was not necessary for the prosecution to prove mens rea. The elements of the offence to be proven were whether the defendant was the person involved with the dog on the occasion; whether the time and place were generally correct; whether the dog had been lifted off the ground; and whether this action was of a kind that caused unnecessary or unreasonable distress to the animal. The time and place were not challenged, but the defendant submitted that he had not been the one committing the offence. Witness evidence and identification in a photo montage was sufficient to satisfy the Judge that it had in fact been the defendant who lifted the dog in the air. One witness described how the dog had cowered on the ground after the incident, leading the Judge to conclude that the dog had at least suffered unnecessary or unreasonable distress. The charge was proven beyond a reasonable doubt. Judgment Date: 23 June 2020