Aggravated animal cruelty
ADLA member for - VIC
Written by
Bill Doogue
Criminal Defence Lawyer
Other Criminal Offences - VIC
According to VIC Law - Aggravated animal cruelty
Date: 9/1/2009
What the Law States according to VIC Law for Aggravated animal cruelty
According to VIC Law for the charge of Aggravated animal cruelty,
Prevention of Cruelty to Animals Act 1986 - SECT 10
Aggravated cruelty10. 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.
The Maximum Penalty - Aggravated animal cruelty
According to VIC Law for the charge of Aggravated animal cruelty,
2 years / 240 penalty units - 1200 penalty units
What the Police must prove according to VIC Law for Aggravated animal cruelty
1. The accused committed an act of cruelty upon an animal.
2. The act resulted in the death or serious disablement of the animal.
Possible Defences under VIC Law - Aggravated animal cruelty
1. At the time of the alleged offence, the owner had entered into an agreement with another person by which the other person agreed to care for the animal.
2. Honest and reasonable mistake.
3. Person acted reasonably; or reasonably omitted to do an act - in defending himself or herself or any other person against an animal or against any threat of attack by an animal.
4. Necessity.
5. Factual dispute.
In VIC which court will hear the matter - Aggravated animal cruelty
Magistrates' Court
Call ADLA on 1300 331 331
