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s9 Abandoning an Animal Kept for Domestic Purposes

Have you been charged with Abandoning an Animal Kept for Domestic Purposes?

This charge can have serious repercussions. Make sure you have carefully considered all elements of the charge with an experienced criminal lawyer prior to appearing before a court.

There may be a defence available to you if, at the time of the alleged offence, you were the owner of the animal and you can prove you had entered into an agreement with another person by which the other person agreed to care for the animal.

Please read below for more information in relation to this charge.

The offence

Section 9(1)(h) of the Prevention of Animal Cruelty Act 1986.

The prosecution must prove:

  1. The defendant abandoned an animal;

  1. The species of animal is usually kept in a state of confinement or for a domestic purpose.

The maximum penalty

In the case of a natural person, imprisonment for 12 months or 246 penalty units. In the case of a body corporate, 600 penalty units.

Where will my case be heard?

Abandoning an Animal Kept for Domestic Purposes cases can only be heard in the Magistrates’ Court of Victoria.

Questions to consider

Do you have a defence?

If you are pleading guilty, what can you do to minimise your sentence?

What to do next?

Engage an experienced criminal lawyer to prepare your defence.

Don’t delay. If you have been charged with Abandoning an Animal Kept for Domestic Purposes make an appointment to see a specialist in criminal law today.

The legislation

Section 9 Cruelty

(1) A person who—

(h) abandons an animal of a species usually kept in a state of confinement or for a domestic purpose;

commits an act of cruelty upon 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, 250 penalty units or imprisonment for 12 months or, in the case of a body corporate, 600 penalty units.

RSPCA Animal Cruelty Offences

PREVENTION OF CRUELTY TO ANIMALS ACT 1986

s9 Wounding, Torturing, Overworking, Assaulting, Tormenting or Terrifying an Animal

s9 Loading, Crowding or Confining an Animal Causing Unreasonable Pain or Suffering

s9 Doing or Omitting to do an Act that Causes Unreasonable Pain or Suffering to an Animal

s9 Driving, Carrying or Packing an Animal which Subjects the Animal to Unnecessary Pain or Suffering

s9 Working, Riding or Using an Animal When the Animal is Unfit Causing Unreasonable Pain or Suffering

s9 Being in Charge of an Animal and Failing to Provide the Animal Sufficient Food, Drink or Shelter

s9 Abandoning an Animal Kept for Domestic Purposes

s9 Being in Charge of an Animal and Failing to Provide Treatment for the Animal

s10 Aggravated Cruelty

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Melbourne – 03 8644 7320
13/200 Queen St
Melbourne Vic 3000

Frankston – 03 8644 7322
8/395-399 Nepean Hwy
Frankston VIC, 3199

Ballarat – 03 8644 7310
Armstrong House
17 Armstrong Street South
Ballarat Central VIC, 3350

Dandenong – 03 8644 7315
1a/147 Foster St
Dandenong, VIC, 3175

Moorabbin – 03 8644 7328
Level 1, 441 South Rd
Moorabbin, Vic, 3189

Geelong – 03 8644 7300
2/13 Fenwick Street
Geelong Vic 3220

Ringwood – 03 8644 7325
7/2 Nelson St
Ringwood VIC 3134

Werribee – (03) 9116 9595
9/7 Bridge Street
Werribee VIC 3030

© 2021 Dribbin & Brown

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