Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| People v. Gordon | 85 N.Y.S.3d 725, (N.Y.Crim.Ct. Oct. 4, 2018) | 61 Misc.3d 966, 2018 N.Y. Slip Op. 28306, 2018 WL 4837574 (N.Y.Crim.Ct. Oct. 4, 2018) | This New York case reflects Defendant's motion to dismiss the "accusatory instrument" in the interests of justice (essentially asking the complaint to be dismissed) for violating Agricultural and Markets Law (AML) § 353, Overdriving, Torturing and Injuring Animals or Failure to Provide Proper Sustenance for Animals. Defendant's primary argument is that she is not the owner of the dog nor is she responsible for care of the dog. The dog belongs to her "abusive and estranged" husband. The husband left the dog in the care of their daughter, who lives on the second floor above defendant. When the husband left for Florida, he placed the dog in the backyard attached to his and defendant's ground floor apartment. The dog did not have proper food, water, or shelter, and slowly began to starve resulting in emaciation. While defendant asserts she has been a victim of domestic violence who has no criminal record, the People counter that defendant was aware of the dog's presence at her residence and allowed the dog to needlessly suffer. This court noted that defendant's motion is time-barred and must be denied. Further, despite the time bar, defendant did not meet her burden to dismiss in the interests of justice. The court noted that, even viewing animals as property, failure to provide sustenance of the dog caused it to suffer needlessly. In fact, the court quoted from in Matter of Nonhuman Rights Project, Inc. v. Lavery (in which denied a writ of habeas corpus for two chimpanzees) where the court said "there is not doubt that [a chimpanzee] is not merely a thing." This buttressed the court's decision with regard to the dog here because "he Court finds that their protection from abuse and neglect are very important considerations in the present case." Defendant's motion to dismiss in the interest of justice was denied. | Case |
| Re Nature Conservation Council of NSW Inc and Minister for Environment and Water Resources | (2007) 98 ALD 334 | [2007] AATA 1876 |
The Commonwealth Minister for the Environment and Water Resources declared an Ocean Trap and Line Fishery to be an approved wildlife trade operation. This permitted the export of sea life from the fishery. The Nature Conservation Council claimed that the fishery was detrimental to the survival of east coast grey nurse sharks. The Tribunal found that the operation would not be detrimental to the survival of the east coast grey nurse population. |
Case |
| AU - Animal Welfare - Animal Welfare Act 2002 (WA) | Animal Welfare Act 2002 |
The purpose of the Act is to promote responsible animal care and protection, to provide standards for animal care and use, to protect animals from cruelty and to safeguard the welfare of animals used for scientific purposes. The Australian Code of Practice is incorporated into the legislation as the standard for animal care and use in scientific establishments. |
Statute | |
| Allanson v. Toncich | 2002 WL 1897936 (Austrailia) | 2002 WASCA 216 |
Appeal uphold the judgement against the dog owner for damages, but recalculates damages upward. |
Case |
| Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd | (2001) 208 CLR 199 | (2001) 185 ALR 1; (2001) 76 ALJR 1; (2001) 22(19) Leg Rep 11; (2001) 54 IPR 161; (2001) Aust Torts Reports 81-627; [2001] HCA 63 |
The respondent was successful in obtaining an injunction against the appellants from publishing a film displaying possums being stunned and killed at an abattoir. The film had been obtained from a third party while trespassing. The Court found that it was not unconscionable for the appellants to publish the film and a corporation did not have a right to privacy. |
Case |
| AU - Cruelty - Queensland Animal Care and Protection Act 2001 (QLD) | Queensland Animal Care and Protection Act 2001 |
The purposes of this Act are to promote the responsible care and use of animals; provide standards for the care and use of animals that--achieve a reasonable balance between the welfare of animals and the interests of persons whose livelihood is dependent on animals; and to allow for the effect of advancements in scientific knowledge about animal biology and changes in community expectations about practices involving animals; to protect animals from unjustifiable, unnecessary or unreasonable pain; to ensure the use of animals for scientific purposes is accountable, open and responsible. Attached pdf is the 2003 reprint. |
Statute | |
| AU - Threatened Species Protection Act 1995 (QLD) | Threatened Species Protection Act 1995 |
The Nature Conservation Act 1992 is an act of the Parliament of Queensland that provides for the legislative protection of Queensland's threatened fauna and flora. As originally published, it provided for native animals and plants to be declared presumed extinct, endangered, vulnerable, rare or common. In 2004 the act was amended to more closely align with the International Union for the Conservation of Nature and Natural Resources categories: presumed extinct was changed to extinct in the wild and common was changed to least concern. |
Statute | |
| Wildlife Protection Association of Australia Inc and Minister for Environment and Heritage and Australian Wildlife Protection Council Inc and Animals Australia and Flinders Council | [2006] AATA 953 |
The respondent Minister made declarations under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) that particular plans relating to Bennett's wallabies and Tasmanian pademelons were approved wildlife trade management plans. The applicant questioned whether the plans permitted the inhumane hunting of wallabies and treatment of joeys as well as the basis upon which the quotas were derived. The tribunal found both matters satisfactorily addressed though further monitoring measures were deemed to be prudent. |
Case | |
| AU - Companion Animals - Companion Animals Act 1998 (NSW) | Companion Animals Act 1998 |
The Companion Animals Act, came into effect in September 1998. The Act is designed to benefit pets, their owners and the wider community. Part two of the Act provides for the permanent identification and lifetime registration system which came into effect on 1 July 1999. This was designed to greatly assists authorities in returning lost and injured animals to their owners. It provides NSW councils with a more effective means of keeping track of dogs and cats for the benefit of the wider community. The Act also outlines the requirements when a person is the owner of a ‘controlled dog’ or dangerous breed as well as giving the courts and local councils the ability under legislation to declare a dog ‘dangerous’. The Act also covers nuisance dogs and situations where a dog attack has occurred and the civil liability of dog owners. |
Statute | |
| Robertson v Department of Primary Industries and Fisheries | [2010] QCA 147 |
An Inspector of the RSPCA entered premises occupied by the respondent and seized 104 dogs under the Animal Care and Protection Act 2001 which were then forfeited to the state. These actions were confirmed when the respondent sought an administrative review of the decisions and leave to appeal was refused. The respondent sought to raise numerous grounds of appeal against the prior refusal of leave to appeal, however, the appeal was struck out. |
Case |