Animal Cruelty

In NSW, the offence of committing an act of cruelty upon, authorising an act of cruelty upon or failing to exercise reasonable care with respect to an animal carries a maximum penalty of 2000 penalty units for a corporation, or 400 penalty units and/or one year imprisonment for an individual. An animal cruelty charge can be brought by the police, or privately prosecuted by bodies such as the RSPCA or Animal Welfare League (AWL).

The offence of cruelty to animals is set out in section 5 of the Prevention of Cruelty to Animals Act 1979. 

What is Animal Cruelty?

The offence of cruelty to animals is set out in section 5 of the Prevention of Cruelty to Animals Act 1979 which states:

(1)  A person shall not commit an act of cruelty upon an animal.

(2)  A person in charge of an animal shall not authorise the commission of an act of cruelty upon the animal.

(3)  A person in charge of an animal shall not fail at any time—

(a)  to exercise reasonable care, control or supervision of an animal to prevent the commission of an act of cruelty upon the animal,

(b)  where pain is being inflicted upon the animal, to take such reasonable steps as are necessary to alleviate the pain, or

(c)  where it is necessary for the animal to be provided with veterinary treatment, whether or not over a period of time, to provide it with that treatment.

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

Cruelty can include an act or omission as a consequence of which the animal is unreasonably, unnecessarily or unjustifiably:

(a)  beaten, kicked, killed, wounded, pinioned, mutilated, maimed, abused, tormented, tortured, terrified or infuriated,

(b)  over-loaded, over-worked, over-driven, over-ridden or over-used,

(c)  exposed to excessive heat or excessive cold, or

(d)  inflicted with pain.

The following acts constitute 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.
• Abandoning an animal;
• Baiting an animal;
• Docking tails or cropping ears of a dog, declawing cats or branding;
• Failing to seek treatment for a pet that is obviously injured, in pain or distressed, or sick. 
• Failing to provide adequate food and water for an animal.

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 of cruelty upon an animal; or
• That you were the person in charge of an animal and authorised the commission of an act of cruelty on the animal; or
• You failed to:
  • Exercise reasonable care, control or supervision of the animal to prevent the commission of an act of cruelty;
  • Take reasonable steps, as necessary, to alleviate the pain being inflicted upon the animal or
  • Provide the animal with necessary veterinary treatment when required.

If the prosecution does not prove every single one of the required elements, you will be found not guilty. 

Which Court Will Hear the Matter?

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

Possible Defences to animal cruelty

The following defences may be available for an animal cruelty charge:

• You exercised reasonable care control and supervision of the animal
• You took necessary steps to assist the animal
• You did in fact get veterinary treatment for the animal

Common Questions about animal cruelty

Will I receive a criminal conviction for animal cruelty?

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

In NSW, a court can impose any of the following penalties for an animal cruelty 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

The consequences of a conviction can be serious depending upon what you do for a living. 

Will I go to Gaol for an animal cruelty charge?

It is possible depending on the number of charges and the extent of the issues. 

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.