Serious Animal Cruelty

In New South Wales, the offence of intentionally causing serious animal cruelty carries a maximum penalty of five years imprisonment.

There is also a lesser offence of which only requires recklessness, which has a maximum penalty of 3 years imprisonment. 

 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 Serious Animal Cruelty

The offence of intentionally causing serious animal cruelty is set out in section 530 of the Crimes Act 1900, which states: 

Intentional

(1) A person who, with the intention of inflicting severe pain: 

(a) tortures, beats or commits any other serious act of cruelty on an animal, and 

(b) kills or seriously injures or causes prolonged suffering to the animal, 

is guilty of an offence.

Reckless

(1A) A person who, being reckless as to whether severe pain is inflicted–

(a) tortures, beats or commits any other serious act of cruelty on an animal, and

(b) kills or seriously injures or causes prolonged suffering to the animal,

is guilty of an offence.

For the purposes of this offence, an animal includes a mammal, other than a human, birds and reptiles.

The following acts constitute Serious Animal Cruelty:

• Slicing the throat of a dog with a fishing knife before repeatedly beating it on the head with an axe.
• A kangaroo ‘hunt’ that involved ramming into animals with motor vehicles before shooting them. For some kangaroos, the injury was so severe that bones were protruding from their bodies before they were shot.
• Attacking animals with various implements, such as knives or hammers resulting in the animal’s death, or injuries so serious that the animal had to be put down.

What Must Be Proven?

For a person to be found guilty of serious animal cruelty the prosecution must prove each of the following matters beyond a reasonable doubt:

• The accused, with the intention of inflicting severe pain on an animal OR reckless to whether severe pain was inflicted on an animal:
  • tortured; or
  • beat; or
  • committed a serious act of cruelty on;
  • the animal; and

• the act or omission of the accused caused:
  • the death of;
  • seriously injury to;
  • prolonged suffering 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 Table 2 offence, which means that it will be dealt with in the Local Court unless the Prosecution elects to have the matter dealt with in the District Court.

Possible Defences for Serious Animal Cruelty

It is a statutory defence under this section if:

• The action was taken was done so with an authority under the Animal Research Act 1985 or any other Act or law; or
• The action occurred in the course of, for the purposes of routine agricultural or animal husbandry activities, recognised religious practices, the extermination of pests or veterinary practice.

The following defences may be available for a Serious Animal Cruelty charge:

1. You were not reckless and what happened was accidental;
2. What you did wasn’t the cause of the injury;
3. Self defence
4. Duress 

Common Questions about Serious Animal Cruelty

Will I receive a criminal conviction?

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

In NSW, a court can impose any of the following penalties for a Serious 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. Some jobs require you to have no criminal convictions and a conviction for Serious Animal Cruelty might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover a conviction for an offence of violence can completely rule out certain career paths such as teaching and a range of government employment options. Violent offences may also result in sentences that include imprisonment even where an individual has no previous convictions.

Will I go to Gaol for a Serious Animal Cruelty charge?

There is a very high risk of a Gaol sentence for these matters and it is important that you get expert advice. 

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