Bestiality

The offence of Bestiality is an offence that is set out in section 79 of the Crimes Act 1900 (NSW) (the Act). 

The offence of Bestiality carries a maximum penalty of 14 years imprisonment. 

What is Bestiality?

The offence of Bestiality is set out in section 79 of the Crimes Act 1900 (NSW) (the Act).

Whilst the definition of Bestiality is not defined in the Act but is defined at Common Law in R v Brown (1889) 24 QBD 357 as sexual intercourse with an animal.

The following acts constitute Bestiality:

• Inserting your dog’s penis into your vagina
• Inserting your penis into a horse’s anus

What must be proven?

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

• You had sexual intercourse
• With an 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 Strictly Indictable, which means that it must be finalised (either by way of a trial or sentence) in the District Court. The matter will still start in the Local Court and it will be subject to the Early Appropriate Pleas of Guilty (EAGP) Scheme.

Possible Defences to Bestiality

The following defences may be available for a Bestiality charge:

• Duress
• Denial that you had sexual intercourse

Common Questions about Bestiality

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 Bestiality 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 Bestiality might jeopardise your job or make it difficult to obtain visas for overseas travel. 

Will I go to Gaol for a Bestality charge?

A term of imprisonment is likely. Factors influencing your sentence include:

• The severity of the act and harm caused
• Whether it was a one-time incident or repeated behaviour
• Your prior criminal record
• Whether you plead guilty or are convicted after trial
• Any mitigating factors (e.g., remorse, rehabilitation prospects)

Can someone be charged for attempting Bestiality?

Yes, this is a separate offence which carries a maximum penalty of 5 years imprisonment.

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