Published 25 February 2022
Sentencing — reckless ill-treatment of animals — failing to meet treatment needs of animals — flystrike — Animal Welfare Act 1999, ss 12, 28A & 169 — MPI v Ussher [2015] NZDC 4714 — MPI v Kingdon DC Invercargill CRI-2012-025-002447, 30 November 2012 — MPI v Thompson [2019] NZDC 4468. The defendant appeared for sentence on one charge of recklessly ill-treating animals and two of failing to meet the treatment needs of animals. The charges related to the defendant's farm sheep, who he had allowed to become flystruck and then failed to treat properly. Two of the animals had to be euthanised. The Court declined to impose a disqualification order on the defendant, finding that this would have too great an impact on the defendant's livelihood. However the Court found that the level of fines imposed must reflect that the defendant had received the benefit of avoiding a disqualification order. Having assessed similar cases the Court set a start point for fine of $40,000, uplifted by $4000 for previous offending. With a discount for guilty plea, the final fine was $35,000. Judgment Date: 12 November 2020
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