Australian Capital Territory Numbered Acts

ANIMAL WELFARE AMENDMENT ACT 2006 (NO. 17 OF 2006 ) - SECT 4

insert

7A     Aggravated cruelty

    (1)     A person commits an offence if—

        (a)     the person commits an act of cruelty on an animal; and

        (b)     the act causes the death of the animal; and

        (c)     the person intends to cause, or is reckless about causing, the death of, or serious injury to, the animal.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

    (2)     A person commits an offence if—

        (a)     the person commits an act of cruelty on an animal; and

        (b)     the act causes serious injury to the animal; and

        (c)     the person intends to cause, or is reckless about causing, the death of, or serious injury to, the animal.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

    (3)     In this section:

"causes "death or serious injury—a person's act causes death or serious injury if it substantially contributes to the death or injury.

"serious injury", to an animal, means any injury (including the cumulative effect of more than 1 injury) that—

        (a)     endangers, or is likely to endanger, the animal's life; or

        (b)     is, or is likely to be, significant and longstanding.

7B     Alternative verdicts—cruelty

    (1)     This section applies if, in a prosecution for an offence against section 7A (Aggravated cruelty), the trier of fact is not satisfied that the defendant committed the offence, but is satisfied beyond reasonable doubt that the defendant committed an offence against section 7 (Cruelty).

    (2)     The trier of fact may find the defendant guilty of the offence against section 7, but only if the defendant has been given procedural fairness in relation to that finding of guilt.