Displaying 71 - 80 of 110
Title Citation Alternate Citation Agency Citation Summary Type
Australia - Kangaroos - Shooting for Commerical Purposes The National Code of Practice for the Humane Shooting of Kangaroos and Wallabies for Commercial Purposes sets an achievable standard of humane conduct and is the minimum required of persons shooting kangaroos and wallabies. It has been produced to ensure that all persons intending to shoot free-living kangaroos or wallabies for commercial purposes undertake the shooting so that the animal is killed in a way that minimises pain and suffering. Statute
Pearson v Janlin Circuses Pty Ltd [2002] NSWSC 1118

The defendant deprived an elephant in a circus of contact with other elephants for years. On a particular day, the defendant authorised three other elephants to be kept in the proximity of the elephant for a number of hours. It was claimed that this act constituted an act of cruelty as it caused distress to the elephant. On appeal, it was determined that mens rea was not an element of a cruelty offence under the statute.

Adams v Reahy [2007] NSWSC 1276

The first respondent claimed that despite their best efforts their dog was unable to gain weight and appeared emaciated. When proceedings were instituted, the first respondent was successful in being granted a permanent stay as the appellant, the RSPCA, failed to grant the first respondent access to the dog to determine its current state of health. On appeal, it was determined that a permanent stay was an inappropriate remedy and that the first respondent should be granted a temporary stay only until the dog could be examined.

Anderson v Moore [2007] WASC 135

The appellant ignored advice to make available reasonable amounts of food to feed sheep. The appellant claimed to be acting under veterinary advice and further that the trial judge erred in taking into account the subjectivity of the appellant's actions. All claims were dismissed.

AU - Parks - National Parks and Wildlife Act 1972 (SA) National Parks and Wildlife Act 1972

An Act to provide for the establishment and management of reserves for public benefit and enjoyment; to provide for the conservation of wildlife in a natural environment; and for other purposes.

Inst. of Cetacean Research v. Sea Shepherd Conservation Soc'y 2014 WL 3579639 (W.D. Wash. July 21, 2014) After the International Court of Justice ruled against Japan in the Whaling in the Antarctic case, Sea Shepherd moved to dismiss the Ninth Circuit’s earlier ruling regarding Sea Shepherd’s own actions in the Antarctic. Sea Shepherd claimed that because the Institute had announced that it would not engage in whaling in the 2014-15 season, its claim was moot. This argument, though, ignored the fact the Institute also stated that it plans to resume whaling in the future, leading the Court to dismiss the motion. Case
AU - Cruelty - Prevention of Cruelty to Animals Act 1979 (NSW) Prevention of Cruelty to Animals Act 1979 The Prevention of Cruelty to Animals Act 1979 (POCTAA) is the primary piece of legislation that aims to protect animals from cruelty in New South Wales, Australia.  POCTAA establishes certain acts or omissions as offences and also provides defences to a charge under the Act in certain circumstances. POCTAA prohibits cruelty and aggravated cruelty generally, as well as a number of other types of activities, including neglect, confinement, abandonment, failure to act in certain circumstances, some transport-related activities, inappropriate use, mutilation, poisoning, torture, fighting and baiting, certain hunting and trapping related activities, selling severely injured animals and failing to take action where an animal is injured by a vehicle. Statute
Australia - Animal Welfare - (Broiler Chickens: Fully Housed) Code of Welfare 2003 Code of Welfare No. 1 This code applies to all persons responsible for the welfare of broiler chickens in controlled environment broiler production systems. The pre-hatched chick that is in the last half of development is also covered by this code. In controlled environment broiler production systems, broiler chickens are kept in enclosed housing and are reliant on human management for all their daily requirements. The rearing of broiler chickens, if it is to be done well, requires both experience and the observance of high standards. Unless that work is done well, the welfare of the birds cannot be adequately protected. This code is intended to encourage all those responsible for its implementation to adopt the highest standard of husbandry, care and handling, to equal or exceed the minimum standards. Administrative
Daniele v Weissenberger 2002 WL 31813949,136 A Crim R 390 2002 WASCA 346

Court uphold conviction for failure to provide food and water for horses. Even thought not the owner, he was the responsible party. Sentence of $3,000 fine and suspended 3 month was not excessive.

Joyce v Visser [2001] TASSC 116

The appellant was convicted of failing to provide food and water to dogs who were chained to a spot. Citing the extreme nature of the neglect and the need for general deterrence, the trial judge sentenced the appellant to three months' imprisonment. On appeal, the appellate judge found the sentence to be manifestly excessive and reduced the sentence.