Animal Cruelty (Sentencing Cases): Difference between revisions
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Revision as of 14:35, 13 May 2024
| This page was last substantively updated or reviewed January 2016. (Rev. # 92924) |
- < Sentencing
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Offence Wording
| Animal Cruelty (Sentencing Cases) |
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Case Digests
| Case Name | Prv. | Crt. | Sentence | Summary |
|---|---|---|---|---|
| R v Ehbrecht, 2022 ABPC 141 (CanLII), per J | AB  |
PC | Find summaries of case. | |
| R v Chen, 2021 ABCA 382 (CanLII), per curiam | AB |
CA | Find summaries of case. | |
| R v Huston, 2021 ABPC 108 (CanLII), per Brown J | AB |
PC | Find summaries of case. | |
| R v Miller, 2020 ABPC 92 (CanLII), per Semenuk J | AB |
PC | 12 months imprisonment plus 2 years probation | "the accused’s girlfriend M advised by text that she wanted to end their relationship. The accused who was at home with a kitten that belonged to M, hit the cat multiple times in the head and threw the kitten to the floor. The abuse of the cat was videotaped, and the video was sent to M. After pleas from his girlfriend, the accused eventually took the cat to a veterinarian clinic where it had to be euthanized. The accused suffered from bi-polar disorder, severe mood instability, depression, anxiety and suffered from a serious impairment in social, emotional, and academic functioning since early childhood. The court found there was no evidence that any mental disorder contributed to the commission of the offence or that the effect of imprisonment would be disproportionately severe because of the accused’s mental disorders. The Court imposed a 12 month jail sentence followed by two years probation." Find summaries of case. |
| R v Reykdal, 2020 NBCA 13 (CanLII), per Green JA | NB  |
CA | "involved the unlawful killing of an animal in an intimate partner context. The offender, a 21-year-old university student, was bitten by his girlfriend’s cat. He killed the cat in retaliation. At first, he attempted to deceive his girlfriend about what had occurred, but later confessed when the police investigated: see paras. 3-5. He was found guilty of killing an animal without lawful excuse contrary to Criminal Code section 445. The Court of Appeal held that animal cruelty is a “serious issue” and upheld a sentence of 4 months jail, and a five year prohibition on owning any animal pursuant to Criminal Code section 447.1: see paras. 30 and 46. There were no allegations of intimate partner violence." Find summaries of case. | |
| R v Kennedy, 2017 ONSC 817 (CanLII), per PhillipsJ | ON  |
SC | 9 months imprisonment | "the offender resided on the 10th floor of an apartment building. He had visitors over, including an eight-year-old girl, who loved to play with his pet rabbit. In a moment of anger, he took hold of the rabbit, dangled it over the end of the balcony for 3-4 seconds, and then dropped it causing its death. He was convicted of cruelty to animals contrary to Criminal Code section 445.1. His sentence of 9 months jail was upheld on appeal: see para. 14." Find summaries of case. |
| R v Camardi, 2015 ABPC 65 (CanLII), per Gaschler J | AB |
PC | 22 months imprisonment | The offender abused and tortured his Siberian Husky over several months until the dog died. The offender also abused a cat. The offender had a prior record for violence and was assessed as being a high risk to re-offend. "the accused who was 19 years old, pled guilty to two counts of animal cruelty. The accused had a troubled childhood. He began using alcohol and drugs at an early age. By 17 he was selling drugs to support himself. He had a criminal record including convictions for violent offences and was assessed at a very high risk for future criminal behaviour and a high risk for future violence. He subjected a dog and a cat to gratuitous unprovoked violence. The dog was tethered with his front feet off of the ground and was subject to mistreatment over a period of several months. The dog died of starvation and dehydration. The cat was placed in a plastic bag and thrown against the floor. Both animals had their muzzles taped closed. The accused was on probation at the time of the offences. The Crown sought a sentence of two and a half to three years incarceration. The court imposed a 22-month sentence, followed by three years of probation, noting that there was a rehabilitative requirement in determining a fit sentence for a very troubled and severely addicted young man." |
| R v Alcorn, 2015 ABCA 182 (CanLII), per J | AB |
CA | "the accused pled guilty to animal cruelty, assault, and a breach of recognizance. A cat was acquired a few days before the offence. A tarp was laid down in a garage. The cat was strung up and cut and allowed to bleed to death while the accused and his female partner had sexual intercourse underneath. The accused admitted he found the suffering and death of the cat to be sexually arousing. The Court of Appeal upheld the sentencing judge’s imposition of a 22-month sentence for animal cruelty finding the accused’s motive of self-gratification, the sadism involved, and the degree of premeditation and planning called for a denunciatory and deterrent sentence. The 2008 amendments to the Criminal Code permitting the Crown to proceed by indictment was a recognition by Parliament and a direction to the Court that cruelty to animals is incompatible with a civilized society (see paragraph 42)." Find summaries of case. | |
| R v Habermehl, 2013 ABPC 192 (CanLII), per Fraser J | AB |
PC | 90 days imprisonment | The offender assaulted the family cat after being frustrated by the cat's behaviour. The cat was euthanized due to injuries. Find summaries of case. |
| R v Tremblay, 2012 BCPC 410 (CanLII), per Gouge J | BC  |
PC | 6 month | "continued to strike [animal] repeatedly with a hammer over a period of more than an hour, ignoring [the animal's] cries of pain" Find summaries of case. |
| R v Fawcett, 2012 BCPC 421 (CanLII), per Merrick J | BC |
PC | fine and probation | unnecessary suffering to 9 dogs Find summaries of case. |
| R v Rodgers, 2012 ONCJ 808 (CanLII), per Brown J | ON |
PC | Find summaries of case. | |
| R v Connors, 2011 BCPC 24 (CanLII), per Quantz J | BC |
PC | 6 months imprisonment and probation | The offender was took care of a friend's dog. The dog was sick and poorly trained and so defecated in the offender's house. The offender as intoxicated and angry and assaulted the dog. The dog died of broken ribs and other injuries from blunt force trauma. Find summaries of case. |
| R v Munroe, 2010 ONCJ 226 (CanLII), per ODonnell J | ON |
PC | 12 months imprisonment | The offender tortured and harmed his girlfriend's dog over a month. The dog died due to injuries. Probation was also ordered. Find summaries of case. |
| R v Power, 2003 CanLII 20379 (ON CA), 176 CCC (3d) 209, per Doherty JA |
ON |
CA | Find summaries of case. | |