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Titlesort descending Citation Alternate Citation Summary Type
Inst. of Cetacean Research v. Sea Shepherd Conservation Soc. 860 F. Supp. 2d 1216 (W.D. Wash. 2012) rev'd, 708 F.3d 1099 (9th Cir. 2013) and rev'd, 725 F.3d 940 (9th Cir. 2013) The Institute of Cetacean Research, a Japanese whaling group, sued the direct action environmental protection organization Sea Shepherd, claiming that Sea Shepherd’s actions taken against the whaling group’s vessels in the Antarctic are violent and dangerous. The Institute claimed that Sea Shepherd had rammed whaling ships, thrown dangerous objects on to the ships, attempted to prevent them from moving forward, and navigated its vessels in such a way as to endanger the Japanese ships and their crews. The Institute’s request for an injunction was denied when the Court held that the Institute did not establish the necessary factors. The Court did state, however, that though Sea Shepherd’s acts did not constitute piracy, it did not approve of the organization’s methods or mission. Case
Inst. of Cetacean Research v. Sea Shepherd Conservation Soc. 725 F.3d 940 (9th Cir. 2013) 2013 A.M.C. 169513, Cal. Daily Op. Serv. 52422013, Daily Journal D.A.R. 6656 After the Institute was denied an injunction in the trial court, the Ninth Circuit Court of Appeals issued an injunction preventing Sea Shepherd from attacking any of the Institute’s vessels in any way and from coming within 500 yards of any Institute vessel operating in the open sea. Case
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.

Case
Larobina v R [2009] NSWDC 79

The appellant appeal against a conviction for animal cruelty sustained in a lower court. After an examination of the elements of the statutory offense, it was found that the charge upon which the conviction was sustained was unknown to law.

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Mansbridge v Nichols [2004] VSC 530

The appellant was convicted of seven offences under the Prevention of Cruelty to Animals Act 1986 (Vic) related to the appellant's treatment of merino sheep in her care. The appellant was successful in overturning three of the charges on the basis that they were latently duplicitous or ambiguous. The appellant was unsuccessful in arguing that the trial judge failed to give adequate reasons.

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Mark, Stoner, Setter and Pearson v Henshaw (1998) 155 ALR 118 (1998) 85 FCR 555; [1998] FCA 556

The four appellants, members of Animal Liberation, entered premises containing battery hens without permission. This was done allegedly on concern as to the treatment of those battery hens and the appellants claimed this constituted a reasonable excuse. After a second appeal, the convictions were upheld and it was found that the appellants did not have a reasonable excuse for trespass.

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Oshannessy v Heagney [1997] NSWSC 482

The case focuses primarily on the procedural requirements for stating a case. However, there is also discussion concerning what are the appropriate steps that a motor vehicle driver, who has hit and injured an animal with their vehicle, must take. In this case, the trial judge found that a refusal to stop and inspect the animal did not constitute a failure to take reasonable steps to alleviate that animal's pain.

Case
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.

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Perpetual Trustees Tasmania Ltd v State of Tasmania [2000] TASSC 68

A testatrix bequeathed a part of her estate to be used in support of 'animal welfare'. It was held that this constituted a charitable trust as the purpose was so predominantly charitable that the intention was to be assumed and that even if that portion of the estate could be used for non-charitable purposes, this was in a manner allowed under the Wills Act 1992 (Tas).

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.

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