Application for discharge without conviction — ill-treatment of animal — dairy cow — cancerous eye — Animal Welfare Act 1999, ss 29 & 37 — Sentencing Act 2002, ss 106 & 107 — The Ministry of Agriculture & Fisheries v Setz CRI-2005-039-000167, 17 October 2005. The defendant had pleaded guilty to one charge of ill-treating an animal, namely a cow on his farm, by failing to treat its cancerous eye. As a result the cow had to be put down. The maximum penalty for the offence was 12 months' imprisonment or a fine not exceeding $50,000, or both. The defendant sought a discharge without conviction. To grant a discharge without conviction, a court had to be satisfied that the consequences of the offending would be all out of proportion with the gravity of the offending. The Judge assessed the offending as being moderately serious, as it only involved one animal. In terms of the consequences, the only ones the defendant could point to were embarrassment and the possibility of impacted travel, which were ordinary consequences for a conviction. The defendant also submitted that the conviction may impact his ability to retain his firearms licence, but the Judge noted that there was no real or appreciable risk of it being revoked. The application to discharge the defendant without conviction was declined, and a conviction entered. The Judge adopted a starting point for the fine of $4,000, with reductions for guilty plea and lack of relevant prior convictions. The final fine was set at $2,800 along with court costs of $130. Judgment Date: 24 November 2020.