Aggravated Animal Cruelty

In Victoria, aggravated animal cruelty carries a maximum penalty of 2 years’ imprisonment or 500 penalty units. In the case of a company (body corporate) the maximum penalty is 1,200 penalty units.

What is Aggravated Animal Cruelty?

The offence of Aggravated Animal Cruelty is contained in section 10 of the Prevention of Cruelty to Animals Act 1986 which states:

A person who commits an act or acts of cruelty on any animal, which results in the death or serious disablement of the animal, commits Aggravated Cruelty on that animal and is guilty of an offence and is liable to a penalty of not more than, in the case of a natural person, 500 penalty units or imprisonment for 2 years or, in the case of a body corporate, 1200 penalty units.

The following acts constitute Aggravated Animal Cruelty:

Failing to feed a domestic dog and the dog dies;
Packing too many horses onto a truck and a number of the horses are seriously injured to the extent they need to be put down;
Poisoning a pond and causing their fish to die.

What Must Be Proven?

For a person to be found guilty of [offence] the Prosecution must prove each of the following matters beyond a reasonable doubt:

The accused committed an act or acts of cruelty on any animal.
The said cruelty resulted in the death or serious disablement of the animal.

If the Prosecution does not prove every single one of the above elements, you will be found not guilty.

Which Court Will Hear the Matter?

This is a summary matter and will be heard in the Magistrates’ Court of Victoria.

Possible Defences to Aggravated Animal Cruelty

The following defences may be available for this charge:

There was no act of cruelty.
The accused did not cause death or serious disablement.
The accused did not care for the animal because they had entered into an agreement with another person by which the other person had agreed to care for the animal.
The accused acted reasonably or reasonably omitted to do an act in defending themselves or any other person against an animal or against any threat of attack by an animal.

Common Questions about Aggravated Animal Cruelty

Will I receive a criminal conviction?

Yes, you can receive a conviction and criminal record for this offence, however, the circumstances of the offending, whether you have a criminal record, your personal background, and other mitigating factors will influence this.

In Victoria, a Court can impose any of the following penalties for a common assault charge.

Jail Sentence
Community Corrections Orders (CCO)
Fine
Adjourned undertaking
Diversion

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover a conviction for an offence of violence can completely rule out certain career paths such as teaching and a range of government employment options. Violent offences may also result in sentences that include imprisonment even where an individual has no previous convictions.

Will I go to jail?

Imprisonment is not the only outcome available to a Court and penalties will range from good behaviour bonds to fines, to community corrections order, with prison being a sentence of last resort. The circumstances of the offending, whether you have a criminal record, your personal background, and other mitigating factors will influence the outcome.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.