Have you been charged with Working, Riding or Using an Animal when the Animal is Unfit Causing the Animal Unreasonable Pain or Suffering?
If so, you should consider a number of questions with an experienced criminal lawyer. Did you work, drive, ride or use an animal? Did you know at that time that the animal was unfit for the task? Did your actions cause the animal unreasonable pain or suffering?
Make sure you have carefully considered all elements of the charge with your lawyer before telling a court how you intend to plead.
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)(e) of the Prevention of Animal Cruelty Act 1986.
The prosecution must prove:
the defendant knowingly or negligently worked, rode, drove or used an animal; and
the defendant did so in circumstances where the animal was unfit for that purpose.
The maximum penalty
In the case of a natural person, imprisonment for 12 months or 250 penalty units. In the case of a body corporate, 600 penalty units.
Where will my case be heard?
Working, Riding or Using an Animal when the Animal is Unfit Causing the Animal Unreasonable Pain or Suffering 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?
Consult an experienced criminal lawyer urgently. Don’t delay – thorough preparation increases your chance of a successful outcome.
If you have been charged with Working, Riding or Using an Animal when the Animal is Unfit Causing the Animal Unreasonable Pain or Suffering call us today. One of our specialist criminal lawyers will be happy to help.
The legislation
Section 9 Cruelty
(1) A person who—
(e) works, rides, drives or uses an animal when it is unfit for the purpose with the result that unreasonable pain or suffering is caused to an animal;
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.
