Animal Cruelty (ACT)

In the ACT, an offence of committing an act of cruelty upon an animal, or failing to do so something that causes injury, pain, stress or death, to an animal carries a maximum penalty of 200 penalty units and/or two years’ imprisonment. The maximum penalty is increased to 300 penalty units and/or 3 years’ imprisonment if the offence is aggravated. 

What is Animal Cruelty?

The Animal Welfare Act 1992 (ACT) states that a person has a duty of care to ensure the physical and mental welfare of animals. 

Section 7 of the Act makes cruelty to animals an offence. 

Cruelty is defined as doing, or failing to do, something to an animal that causes or is likely to cause injury, pain, stress or death to the animal that is unnecessary, unjustifiable or unreasonable. The definition includes abusing, terrifying or tormenting an animal. 

An offence is aggravated if the act of cruelty causes serious injury, or death, to the animal. 

The following acts constitute an offence of Animal Cruelty:

• Leaving an animal in a vehicle on a hot day for an extended period of time, or in a situation or location in which they would suffer distress or pain;
• Baiting or poisoning an animal;
• Docking tails or cropping ears of a dog, declawing cats or branding;
• Hitting or kicking an animal that results in serious injury, such as a broken leg; 
• Over-loaded, over-worked, over-ridden, or over-used; or 
• Failing to seek treatment for a pet that is obviously injured, in pain or distressed.

What Must Be Proven?

For a person to be found guilty of Animal Cruelty the prosecution must prove each of the following matters beyond a reasonable doubt:

• That you committed an act on an animal;
• That the act either caused, or was likely cause, injury, pain, stress or death, to the of cruelty to the animal; and 
• That you intended to cause, or were reckless about, causing injury, pain, stress, or death to 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 offence is a summary offence, which means that it will be dealt with in the Magistrates Court. 

Possible Defences to Animal Cruelty

The following defences may be available for an Animal Cruelty charge:

• The act occurred as part of routine food preparation, or for religious reasons, such as slaughtering methods for halal or kosher meat; 
• You did not intend to cause harm or injury to the animal; or 
• You took all reasonable actions to attempt to prevent harm, for example, seeking veterinary care. 

Common Questions

Will I receive a criminal conviction?

A conviction and criminal record for this offence is likely. 

In the ACT, a court can impose any of the following penalties for an Animal Cruelty charge:

• Gaol sentence;
• Intensive Corrections Order (ICO);
• Suspended Sentence Order; 
• Good Behaviour Order;
• Fine; 
• Non-conviction with Good Behaviour Order; or 
• Non-conviction dismissal. 

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 for Animal Cruelty might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover, a conviction for an offence of violence, including an Animal Cruelty offence, can completely rule out certain career paths such as teaching and a range of government employment options. 

Will I go to Gaol?

If you are found guilty of Animal Cruelty, you may be sentenced to a term of full-time imprisonment. It depends on a range of factors, including the nature and circumstances of the offence, the objective seriousness of the offence, whether the offence was aggravated, your subjective circumstances, including your criminal history, among other things. 

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