Published 09 December 2021
Judge-alone trial — failure to alleviate pain or distress — animal cruelty — Animal Welfare Act 1999, ss 11 & 12. The defendant faced one charge under s 12 of the Animal Welfare Act ("the Act") for failing to comply with s 11 of the Act. Section 11 places an obligation on the owner of an animal to alleviate pain and distress of an ill or injured animal. The animal in question was a cat which was diagnosed by a vet to have, among other things, periodontal disease. The cat had to be euthanised as a result. The elements of the offence to be made out were whether the defendant was the owner of the animal; the animal was ill or injured; the animal suffered unnecessary pain or distress; and the defendant failed to provide or cause to be provided treatment to alleviate the distress. Evidence submitted showed that the defendant owned the cat at the relevant time, despite him claiming it was a neighbourhood cat. The cat was diagnosed by a vet, who also advised the defendant that he would need to bring the cat back in for dental treatment, which he did not do. The Judge was satisfied that the elements were established beyond a reasonable doubt and found the charge against the defendant proven. Judgment Date: 17 July 2020.
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