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s10 Aggravated Cruelty

Have you been charged with Aggravated Animal Cruelty?

If so, you will need the help of an expert in criminal law to mount a defence to the charge. Aggravated animal cruelty can have very serious implications as you can be penalised twice. Once under Section 9 of the legislation and once under Section 10.

Make sure you have carefully considered all elements of the charge with an experienced criminal lawyer before telling a court how you intend to plead.

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

The offence of Aggravated Animal Cruelty

Section 10 of the Prevention of Animal Cruelty Act 1986.

The prosecution must prove:

  1. The defendant committed an act of cruelty under Section 9 against an animal; and

  1. The act resulted in the death or serious disablement of the animal.

The maximum penalty

In the case of a natural person, imprisonment for 2 years or 500 penalty units. In the case of a body corporate, 1200 penalty units.

Where will my case be heard?

Aggravated Cruelty 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?

See an experienced criminal defence lawyer as soon as possible. Preparation in relation to any legal matter is critical. Don’t delay in obtaining legal advice.

If you have been charged with Aggravated Cruelty arrange to see one of our specialist lawyers today.

The legislation

Section 10 Aggravated cruelty

(1) A person who commits an act of cruelty upon any animal which results in the death or serious disablement of the animal commits an act of aggravated 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, 500 penalty units or imprisonment for 2 years or, in the case of a body corporate, 1200 penalty units.

(2) A person who is guilty of an offence under subsection (1) may be liable to the penalty for that offence in addition to or instead of any other penalty to which the person is liable under section 9.

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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