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Rowley v. Murphy |
A deer being hunted with a pack of hounds jumped onto a road and fell under a stationery vehicle. Members of the hunt dragged the deer from under the vehicle to a nearby enclosure, where the Master of the hunt slit the deer's throat and killed it. The Divisional Court held that the Master could not be convicted of an offence of cruelty under the 1911 Act because, for the purposes of that Act, which protects only captive and domestic animals, a mere temporary inability to escape did not amount to a state of captivity.
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Rogers v. Teignbridge District Council |
A planned event called "The Creepy Crawly Show" was to have been held at a racecourse and to have involved the display and sale of small exotic animals by a number of different breeders, dealers and enthusiasts. The event's organizer applied to the local council for a pet shop licence under the Pet Animals Act 1951. The application was refused on the ground that the event was prohibited by section 2 of the Act which states that a person is guilty of an offence if he "carries on a business of selling animals as pets in any part of a street or public place, [or] at a stall or barrow in a market". The organizer's appeal to the local magistrates court was dismissed. Held: the holding of the event would have involved the carrying on a business of selling pets in a "public place". It would also have involved the selling of animals in a market. The event was therefore prohibited by section 2 and that it would have been unlawful for the local authority to have licensed it.
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Redcliffe, St Mary the Virgin (Petition) |
Finding that a 'non-lethal' electric shock pest control system set up to deter pigeons in a church may cause suffering, but the suffering is not unnecessary suffering under s4 of the Animal Welfare Act 2006. It was held that the conduct could not be reasonably avoided in the particular circumstances of the case, including damage caused to a grade I listed church, the chance of distress caused by the fouling of the birds, and that other pest control methods had failed. "Any suffering caused would be for a legitimate purpose ... that is the protection of property. ...the suffering is proportionate to preserve the building and to avoid distress to staff, visitors to the church and members of the congregation." |
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Rapa Ltd. v. Trafford Borough Council |
Section 2 of the Pet Animals Act 1951 states that a person shall be guilty of an offence if he "carries on a business of selling animals as pets in any part of a street or public place, [or] at a stall or barrow in a market". Small transparent cubes containing water and live fish were sold as novelty items, known as 'aquababies', from a barrow in a thoroughfare of a large indoor shopping mall. The Court found that this activity involved the carrying on of a business of selling pets in a "public place" and was therefore prohibited by section 2.
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R. v. Senior |
Held: The word "wilfully", when used in the context of an offence prohibiting cruelty to children, "means that the act is done deliberately and intentionally, not by accident or inadvertence, but so that the mind of the person who does the act goes with it" (
per
Lord Russell of Killowen C.J.). Note: the word "wilfully" is occasionally an element of animal welfare offences, such as that of wilfully, without any reasonable cause or excuse, administering a poisonous drug or substance to an animal (Protection of Animals Act 1911, s 1(1)(d)).
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R. v. Kirklees Metropolitan Borough Council, ex parte Tesco Stores Ltd. |
Although a local authority may not adopt a policy of not enforcing certain laws or not enforcing them against certain types of parties, it may nevertheless make rational choices with respect to the use of its enforcement powers in order to deploy its limited resources in the most efficient and effective manner.
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R. (on the application of Petsafe Ltd) v Welsh Ministers |
Pet product manufacturer challenged a Welsh ban on the use of electric collars on cats and dogs under the Animal Welfare Regulations 2010. The High Court held that the Regulations were not beyond the powers of the Welsh Ministers, and that the ban was not irrational, unreasonable or perverse. The High Court also held that any restriction on the free movement of goods under Article 34 of the EU Treaty was proportional and necessary, due to the fact that it was not targeted at trade, but rather meant to further social policy promoting animal welfare. Similarly, any interference with Article 1 of the First Protocol of the European Convention on Human Rights (ECHR) was also justifiable.
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R v. Woodward |
A group of abattoir slaughter-men were charged with causing unnecessary suffering to a number of sheep under Section 4(1) the Animal Welfare Act 2006. The abattoir owners were charged with failing to prevent the acts by their employees which caused the animals to suffer contrary to Section 4(2) of the Animal Welfare Act 2006. The charges followed undercover footage obtained by Animal Aid, which was then passed onto the Food Standards Agency, and the Crown Prosecution Service. In this case, the Crown brought an appeal against the district judge’s decision to dismiss the prosecution on the grounds that the sixth-month time limit under the 2006 Act had expired. The appeal was allowed. |
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R (on the application of Patterson) v. RSPCA |
The defendants had been convicted of a number of counts of animal cruelty in 2011, to include unnecessary suffering pursuant to Section 4, and participation in a blood sport under Section 8 of the Animal Welfare Act 2006. Mr Patterson was found to have breached an attached disqualification order under Section 34 of the Animal Welfare Act 2006, on which this appeal is based. The order covered all types of animals for a period of five years. This prohibited him from owning, keeping, participating in the keeping of, or being a party to an arrangement under which he would be entitled to control or influence the way in which animals are kept. A number of animals were found and seized at the home. The appeal was allowed on the basis that Mr Patterson was not entitled to control or influence the way in which the animals were kept by his wife on the facts.
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R (on the application of Countryside Alliance and others) v Attorney General and another |
An appeal was brought against a decision that the Hunting Act 2004 was not inconsistent with the EC Treaty, or incompatible with the European Convention on Human Rights. In particular, the appellants argued that the Act was incompatible with the right to a private and family life; and the right of freedom of assembly and association (Articles 8 and 11 of the Human Rights Act); along with Articles 1 and 14 of the Act (the right to peaceful enjoyment of property rights, and prohibition on discrimination). The appeal was rejected by the House of Lords. Findings included that Articles 8 and 11 were not engaged, and that even if they were, the hunting ban was proportionate to the end it sought to achieve and necessary in a democratic society. |
