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Titlesort descending Citation Alternate Citation Summary Type
Bandeira and Brannigan v. RSPCA CO 2066/99

Where a person has sent a dog into the earth of a fox or sett of a badger with the result that a confrontation took place between the dog and a wild animal, and the dog experienced suffering, it will be open to the tribunal of fact to find that the dog has been caused unnecessary suffering and that an offence has been committed under section 1(1)(a) of the Protection of Animals Act 1911.

Case
Barnard v. Evans [1925] 2 KB 794

The expression "cruelly ill-treat"" in s 1(1)(a) of the Protection of Animals Act 1911 means to "cause unnecessary suffering" and "applies to a case where a person wilfully causes pain to an animal without justification for so doing". It is sufficient for the prosecution to prove that the animal was caused to suffer unnecessarily, and the prosecution does not have to prove that the defendant knew that his actions were unnecessary.

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Barrington v. Colbert CO/1273/97

A net was placed over one opening of a land drain and a terrier dog sent into the other entrance with the objective of prompting a fox to run into the net. Magistrates acquitted the defendants of doing an act causing unnecessary suffering to the fox contrary to the Protection of Animals Act 1911, s 1(1)(a). The Divisional Court dismissed the prosecutor's appeal, holding that, applying Rowley v Murphy [1964] 2 QB 43, the fox was not a "captive animal" within the meaning of s 15(c) of the 1911 Act, mere confinement not being sufficient, and was therefore outside the protection of that Act.

Case
Chalmers v. Diwell 74 LGR 173

Defendant was an exporter of pet birds. He kept birds at a premises in the course of his business. Usually the birds remained on the premises for less than 48 hours before continuing their journey to their purchasers but on occasion birds had remained on the premises for up to 12 days. A magistrates' court acquitted him of keeping a pet shop without a licence (contrary to Pet Animals Act 1951, s.1). Prosecutor appealed. Result: appeal allowed. Held: even though the premises was being used as no more than a holding center, the defendant was carrying on from that premises a business of selling pets and the premises therefore required a pet shop license.

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Ford v. Wiley 23 QBD 203

A farmer who had caused the horns of his cattle to be sawn off, a procedure which had caused great pain, was liable to conviction for cruelty. For an operation causing pain to be justifiable, it had to be carried out in pursuit of a legitimate aim that could not reasonably be attained through less painful means, and the pain inflicted had to be proportionate to the objective sought. The mere fact that the defendant believed that the procedure was necessary did not remove him from liability to conviction if, judged according to the circumstances that he believed to exist, his actions were not objectively justifiable.

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Hopson v. DPP [1997] C.O.D. 229

The owner of a bird of prey had kept it in a wire aviary for at least six weeks, during which it had injured itself by repeatedly flying into the wire mesh. Having been convicted on these facts of an offence of cruelly ill-treating the bird contrary to the first limb of s 1(1)(a) of the Protection of Animals Act 1911, he appealed, contending that under that limb, unlike the second limb, he should only have been convicted if he was guilty of a positive act of deliberate cruelty. Dismissing the appeal, the Divisional Court held that a person could be guilty of cruel ill-treatment of an animal he was responsible for by allowing it to remain in a situation where it was continuing to injure itself, even if he did not desire to bring about the harm.

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Isted v. CPS (1998) 162 J.P. 513 [1998] Crim. L.R. 194; [1998] C.O.D. 86; (1998) 162 J.P.N. 663; The Times, December 11, 1997

The appellant was a keeper of livestock who had shot and injured a neighbor's dog that had strayed into the appellant's pig pen. He had been convicted of doing an act causing unnecessary suffering to the dog contrary to the Protection of Animals Act 1911, s 1(1)(a) (second limb). Dismissing the appeal, the Divisional Court held that the local justices were entitled to find as a matter of fact that it had not been reasonably necessary to shoot the dog.

Case
Johnson v. Needham [1909] 1 KB 626

The Court upheld a decision of local justices to dismiss an information that the defendant "did cruelly ill-treat, abuse, and torture a certain animal" contrary to the Cruelty to Animals Act 1849, s. 2 (1). The Act made it an offence to ill-treat, abuse, or torture an animal, and thereby established three separate offences from which the prosecutor should have elected. Note: Although the 1949 Act has been repealed, similar language appears in the Protection of Animals Act 1911, s 1(1)(a), and presumably the same reasoning applies to that statutory provision.

Case
McQuaker v. Goddard [1940] 1 KB 687

A camel is not to be regarded as a wild animal by the common law as a camel 'is, in all countries, a domestic animal, an animal that has become trained to the uses of man, and a fortiori accustomed to association with man.' Whether an animal is to be regarded as wild or domestic is a question of law, and is to be judged according to the genus or class of which it belongs, not the characteristics of the individual animal.

Case
Nye v. Niblett [1918] 1 KB 23

Three boys who had killed two farm cats were charged with an offence which could only have been committed if the cats were kept for a "domestic purpose". Local justices had acquitted the boys, in part because there no evidence was before them that the cats that were killed had been kept for a domestic purpose. Allowing the prosecutor's appeal, the Divisional Court held that there was no need to prove that a particular animal was in fact kept for a domestic purpose if it belonged to a class of animals which were ordinarily so kept.

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