Aggravated Animal Cruelty

In New South Wales, the offence of committing an aggravated act of cruelty upon an animal carries a maximum penalty of 1,000 penalty units for a corporation, or 200 penalty units and/or two years imprisonment for an individual. A charge under this section can be brought by the police, or privately prosecuted by bodies such as the RSPCA or Animal Welfare League (AWL).

What is Aggravated Cruelty to an Animal

The offence of aggravated cruelty to animals is set out in section 6 of the Prevention of Cruelty to Animals Act 1979, which states: “a person shall not commit an act of aggravated cruelty upon an animal.”

An animal includes amphibians, birds, fish, mammals other than humans, and reptiles.

Aggravated cruelty is defined as actions that result in:

• The death, deformity or serious disablement of the animal, or
• the animal being so severely injured, so diseased or in such a physical condition that it is cruel to keep it alive.

The following acts constitute Aggravated Animal Cruelty:

• Injuring your dog so badly that it needs to be put down;

• Neglecting care for an animal to the extent that it is so unwell that it needs to be put down. 

What Must Be Proven?

To convict a person of aggravated cruelty to an animal, the prosecution must prove each of the following matters beyond a reasonable doubt:

• You committed an act, or were the person in charge of the animal; and
• Your act or omission resulted in:
  • The death, deformity or serious disablement of the animal, or
  • The animal was so severely injured, so diseased or in such a physical condition that it is cruel to keep it alive.

Which Court Will Hear Your Matter?

This offence is a summary offence and will be heard in the Local Court.

Possible Defences to Aggravated Cruelty to an Animal

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

• You did not cause the injury;

• The injury or issued does not reach the level required for “aggravated cruelty”

Common Questions about Aggravated Cruelty to an Animal

Will I receive a criminal conviction for Aggravated Cruelty to an Animal?

A conviction and criminal record for this offence is very likely. 

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

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10

In addition there are often banning orders on owning animals or other restrictions that can be imposed by the Court. 

Will I go to Gaol for an Aggravated Cruelty to an Animal charge?

It is certainly a possibility – these kinds of offences are treated very seriously by the Court. 

Will I get my pet back?

The Court can, and often does, make orders for the surrender of animals in your care when you are facing these kinds of charges. As part of the proceedings it is possible that you might be banned from owning animals, or a type of animal, or a certain number of animals. 

There can also be significant cost implications when animals have been seized from your care, for their treatment and housing so it is incredibly important that you get advice from a solicitor experienced in this space. 

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